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CORRESPONDENCE CO W"" 5 'S/ .(O~ ,- lC;-; DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION MEMORANDUM NO. 02-155 TO' Quintus Greene Director of Development -----.----., FROM: Laurinda Logan, P.E. 3' Senior Engineer July 17, 2002 ~ Request for Release of Surety(s) Lowe's of Boynton Beach Excavation & Fill Permit No. 00-2298 Utility System Permit No. 001990 , . '.., IUL I R 21m DATE. RE: - ., ZGN I NG DEP] Quintus, Attached please find a copy of a letter requesting release of the final 5% (five percent) of the cash bond for the above referenced permits. Engineering has no outstanding issues that would affect release of the cash bond for this project. Thank you for your attention to this matter If I can be of further assistance please feel free to contact me at x6482. LLlck Cc: Jeffrey R. Livergood, P.E., Director, Public Works (via e-mail) H. David Kelley, P.E.lP.S.M., City Engineer, Public Works/Engineering (via e-mail) Quintus Greene, Director, Department of Development Nancy Byrne, Assistant Director, Department of Development Michael Rumpf, Director, Planning & Zoning Peter Mazzella, Assistant to the Director, Utilities File C:\My Documents\Lowe's Request for Release of Surety Memo to Q. Greene 7-17-02.doc LEVY m KNEEN ~ JL~ MARIANI LLC L0 3911d ELEANOR B. HALPERIN OF COUNSEL lICIARD cElt'11Pf&'l) IN lU!.AL STAT'!! LAW COUNSELORS AT r..AW DIRECT 561.478.4722 ehAlp@rin@1evykne4m..colXl July 15, 2002 -\LVr ~vi'O r'r re ~ u W ~i~; ii/I ..u. I 6:!11> /10 U4GINEERING I Mary Monroe Finance Dept. City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425-0310 Re: Lowe's @ Boynton Beach Our File No. 5662.003 Dear Mary, I have received the City's check num! r 65010 in the amount of $369,458.58 These funds represent a return of 91 '0 of the two cash performance bonds posted by Lowe's in October of 2000. "he 5% retainage was to be held by the City as security for the one year Wl 'anty Since the warranty period has expired, we are requesting the balanCE If the bonds also be returned in a timely manner I would appreciate your keeping me al ,rised of the progre~s of returning these funds by copies of any corl~sponden,::e .r scheduled agenda items y,1th the Oily If you have any questions, please do n( hesitate to give me a call. Thank you. Eleanor B. Halperin " c: M. Reynolds J. Complon F:\O.ata\ELLlE\LOWES\BOYNTON\Halfahan3.022601.doc 1400 CENT1<EPARK BOULBVARD . SUITS J J WEST PAl.M BEACH, FLORIDA 33401 PHONE 561.478.4700 PAX 561.'78.5811 3JNIINU a a 91E%LE19S SE 01 6006/91/L0 ,~ ~\.( 0/: t.~) . 0'> .......... rJ.......... ~ r " .J ,L . ';, "- .'" 10 ~l \:. DEPARTMENT OF PUBLIC ,YORKS ENGINEERING DIVISION MEl\tIORANDUM NO 02-142 TO Quintus Greene Director of Development FROM Laurinda Logan, P E Civil Engineer '- ~/r-. p7X1~;.i :t~i' JUL 9 ,; / L~._, - '- JI ,~.....! l_ fZ'Lo;;......~ J-~-J I "'i!r "'\ ~ ':1..,1.:-..,. 1 ---..-~~ iJ ~-1 DATE July 9 2002 RE. Request for Release of Surety(s) Lowe's of Boynton Beach Excavation & Fill Permit No, 00-2298 Utility System Permit No, 001990 Quintus, Last week Mike Rumpf forwarded to me a letter from the law firm representing Lowe's of Boynton Beach with regard to release of surety for Permits #00-2298 (Exc. & Fill) and #00-1990 (Utility) Their client states that they have not received any reduction or release since the request for reduction was made 5/17/01 In my research I was able to locate a copy of the memo from Engineering to Development recommending a 95% reduction for both cash bonds I also located copies of the Resolutions (#R01-218 and #R01-219) approving the recommended reduction in cash surety However, after checking with Diane Reese in the Finance Department, she was unable to find the necessary 121's for check issuance to Lowe's She will be doing further research on this matter and I have asked her to contact your office with any information she may find I am sending copies of the correspondence, memos and resolutions to you for your use The attorney for Lowe's, Eleanor B Halperth, has requested that she be called with any information regarding the status of these sureties Obviously 121's need to be prepared so the previously approved amounts can be released immediately The attorney should also be told that they (Lowe's) can now request a release of the final 5% as the warranty period is now nearly complete If I can be of further assistance in this matter please feel free to contact me at x6482 LUck Cc: Jeffrey R. Livergood, P E., Director, Public Works (via e-mail) H David Kelley, P E.lP SM., City Engineer Public Works/Engineering (via e-mail) Quintus Greene, Director, Department of Development Nancy Byrne Assistant Director, Department of Development Michael Rumpf, Director, Planning & Zoning Peter Mazzella, Assistant to the Director, Utilities File C:\My Documents\Lowe's Release of Surety (requested 5-17-01 ).doc Prepared bylRettun tv. Eleanor B Halpenn, Esq 1400 Centrepark Blvd., Smte 1000 West Palm Beach, FL 33401 j ~"Z:J : Office of the Citj CIeri City of Boynton Besch POBox : 10 Boynton Beach, Florida 3342.5 A portion of Folio No. 08-43-45-32 14-001-0000 l'Iar-88-2881 89 23a. 01-084799 ORB 12359 Pg 1327 1..I.IUm............,. :I: utJJ M <u uJ _ ('.J u::' u... ,. Xc c-) .- "':") ~ ;:., 0 THIS UTILITY EASEMENT IS made and executed thIS '1. ( day of /J~ce-I.e...r , fu~,. ']..v.kJ ,by LOWE'S HOME CENTERS, INC, a North Carolma corporatIon, whose mallmg ~~ad~ss IS Box 1111, North Wilkesboro, North CarolIna 28656, first party, to the CIty of >-t-Bo~ton Beach, a pohtIcal subdIvIsIon of the State of Flonda, second party; =U 0 Cl UTILITY EASEMENT WITNESSETH. WHEREAS, the first party IS the owner of property sItuate m Palm Beach County, Flonda, and described on ExhibIt "A" and ExhibIt "B" (collectIvely the "UtIlIty Easement"), WhICh are attached hereto and by thIS reference made a part of thIS document; and WHEREAS, the second party deSIres an easement for water and sewer utIhtIes andior other appropnate purposes mCIdental thereto, on, over and across saId UtIhty Easement; and WHEREAS, the first party IS WIllIng to grant such an easement. NOW, THEREFORE, m consIderatIOn of the mutual covenants each to the other runmng and one dollar and other good and valuable conSIderatIon, the first party does hereby grant unto the party of the second part, ItS successors and aSSIgns, full and free nght and authonty to construct, mamtam, repaIr, mstall and rebuild facIhtIes for above stated purposes and does hereby grant a perpetual easement on, over and across the UtIhty Easement for saId purposes. IN WITNESS WHEREOF, the first party has caused these presents to be duly executed m itS name and ItS corporate seal to be hereto affixed, attested by ItS proper officers thereunto duly authonzed, the day and year first above wntten. Witnesses. LOWE'S HOME CENTERS, INC., a North CarolIna corporatIon POBox 1111 North Wil sboro, NC 28656 ffl AIlWlJIL T J-b.l1liJ Pnnt Name ~1Y1~ Pnnt Name' L STATE OF NORTH CAROLINA COUNTY OF WILKES ORB 12359 Pg 1328 DESCRIPTION TO ACCOMPANY SKETCH SECTION 32 TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY FLORIDA. LEGAL DESCRIPTION UTILITY EASEMENT UTILITY EASEMENTS LYING AND BEING A PORTION OF PARCEL 1 AND PARCEL 3A OF THE PLAT OF 'BOYNTON COMMERCE CENTER" AS RECORDED IN PLAT BOOK 46 PAGES 126 AND 127 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA. SAID PLAT LYING AND BEING A PORTION OF SECTION 32 TOWNSHIP 45 SOUTH RANGE 43 EAST PALM BEACH COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS EASEMENT 1 A STRIP OF LAND 12 FEET IN WIDTH, THE SIDElh\lES OF SAID UTILITY EASEMENT LYING 6 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE COMMENCE AT THE MOST NORTHWESTERLY CORNER OF SAID PARCEL 1 OF THE PLAT OF 'BOYNTON COMMERCE CENTER" AS RECORDED IN PLAT BOOK 46 PAGES 126 AND 127 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, THENCE SOUTH 00'01'30" WEST ALONG THE WEST LINE OF SAID PARCEL 1 A DISTANCE OF 79.11 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED CENTERLINE THENCE NORTH 88'30'25 EAST A DISTANCE OF 22.26 FEET THENCE NORTH 42'59'37" EAST A DISTANCE OF 19.89" THENCE SOUTH 86'18'03" EAST A DISTANCE OF 59.59 FEET THENCE SOUTH 72'1947" EAST A DISTANCE OF 231.55 FEET TO POINT A THENCE NORTH 17'40'13" EAST A DISTANCE OF 31.53 FEET THENCE NORTH 62 40'13 EAST A DISTANCE OF 9765 FEET THENCE SOUTH 72 1947" EAST A DISTANCE OF 171.37 FEET TO POINT"B THENCE CONTINUE ALONG THE AFOREMENTIONED COURSE SOUTH 72'1947 EAST A DISTANCE OF 250".31 FEET THENCE SOUTH 17'40'13 WEST A DISTANCE OF 72.83 FEET TO POINT 'Co. THENCE CONTINUE ALONG THE AFOREMENTIONED COURSE SOUTH 17 40'13 WEST A DISTANCE OF 362.93 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID PARCEL 1 AND THE POINT OF TERMINATION TOGETHER WITH BEGINNING AT AFOREMENTIONED POINT A THENCE SOUTH 17'40'13" WEST A DISTANCE OF 3319 TO POINT "D"' THENCE CONTINUE ALONG THE AFOREMENTIONED COURSE, SOUTH 17'40'13" WEST A DISTANCE OF 256.59 FEET TO POINT "E" THENCE CONTINUE ALONG THE AFOREMENTIONED COURSE SOUTH 17'40'13" WEST A DISTANCE OF 4540 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID PARCEL 1 AND THE POINT OF TERMINATION TOGETHER WITH: BEGINNING AT AFOREMENTIONED POINT "B" THENCE NORtH 17 40'13 EAST A DISTANCE OF 49 44 FEET TO THE POINT OF TERMINATION TOGETHER WITH: BEGINNING AT AFOREMENTIONED POINl 'C" THENCE SOUTH 72'1947 EAST A DISTANCE OF 14.00 FEET TO THE POINT OF TERMINATION TOGETHER WITH: BEGINNING AT AFOREMENTIONED POINT 0"' THENCE SOUTH 72'1947" EAST A DISTANCE OF 38.89 FEET TO THE POINT OF TERMINATION TOGETHER WITH BEGINNING AT AFOREMENTIONED POINT E" THENCE SOUTH 72.1947" EAST A DISTANCE OF 40.87 FEET TO THE POINT OF TERMINATION CONTAINING 21,219 SQUARE FEET OR 0.4871 ACRES MOR OR LESS CERTIFICATION SU RVEYORS NOTES I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH ATTACHED HERETO MEETS THE INTENT OF THE MINIMUM TECHNICAL STANDARDS FOR DESCRIPTION AND SKETCHES AS SET FORTH CHAPTER 6K17 6.006(1), OF THE FLORIDA ADMINISTRATIVE rON: PURSUANT TO SECTION 472027 FLORIDA STA U rES. 1) NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ClEARINGS SHOWN HEREON ARE BASED ON A ASSUMED BEARING OF NORTH 72'19'47" WEST ALONG THE SOUTH LINE OF PARCEL 1 OF SAID PLAT OF BOYNTON COMMERCE CENTER ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK46 PAGES 126AND 127 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA. 2) W L FIStt&C~-PJ't4Yt INe /{/j ,/ ~.';~ ~!V~ ~"p.:" .'}:/' - ~- ORB 12359 Pg 1329 DESCRIPTION TO ACCOMPANY A SKETCH SECTION 32 TOWNSHIP 45 SOUTH RANGE 43 EAST PALM BEACH COUNTY FLORIDA LEGAL DESCRIPTION UTILITY EASEMENT TOG E TH E R W IT H EASEMENT 2 COMMENCE AT THE NORTHWEST CORNER OF PARCEL 3A OF SAID PLAT OF 'BOYNTON COMMERCE CENTER AS RECORDED IN PLAT BOOK 46 PAGES 126 AND 127 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA THENCE SOUTH 72'1947 EAST ALONG THE NORTH LINE OF SAID PARCEL 3A A DISTANCE OF 218.92 FEET TO THE POINT OF BEGINNING THENCE SOUTH 17'40'13 WEST A DISTANCE OF 221.68 FEET THENCE NORTH 72'1947 WEST A DISTANCE OF 153.30 FEET THENCE NORTH 17 40'13 EAST A DISTANCE OF 207.67 FEET THENCE NORTH 72.1947" WEST A DISTANCE OF 65 89 FEET TO AN INTERSECTION WITH THE WEST LINE OF SAID PARCEL 3A THENCE SOUTH 1847'54" WEST ALONG SAID WEST LINE A DISTANCE OF 12 00 FEET THENCE SOUTH 72'1947 EAST A DISTANCE OF 5412 FEET THENCE SOUTH 17.40'13 WEST A DISTANCE OF 196 68 FEET THENCE NORTH 72 19'47 WEST A DISTANCE OF 46 06'FEET TO AN INTERSECTION WITH THE EASTERLY LINE OF A 10 FOOT EASEMENT FOR CITY OF BOYNTON BEACH AS RECORDED IN OFFICIAL RECORD BOOK 3042 AT PAGE 1765 AND OFFICIAL RECORD BOOK 3383 AT PAGE 199 OF SAID PUBLIC RECORDS THENCE SOUTH 00'01'30 WEST ALONG SAID EASTERLY LINE A DISTANCE OF 25 18 FEET THENCE SOUTH 72'1947 EAST A DISTANCE OF 44415 FEET THENCE SOUTH17.40 13 WEST A DISTANCE OF 16.61 FEET THENCE SOUTH 72'19'47" EAST A DISTANCE OF 12 00 FEET THENCE NORTH 17.4013 EAST A DISTANCE OF 1661 FEET THENCE SOUTH 72 19'47" EAST A DISTANCE OF 23969 FEET TO AN INTERSECTION WITH THE WESTERLY LINE OF A 5 FOOT UTILITY EASEMENT AS SHOWN ON SAID PLAT OF 'BOYNTON COMMERCE CENTER THENCE NORTH 17'40'13 EAS T A LONG SA 10 W ESTE RL Y LINE A DISTANCE OF 24 00 FE E T TH'E N CE NORTH 72'19'47" W EST A DISTANCE OF 480 11 FEET THENCE NORTH 17'40'13 EAST A DISTANCE OF 6964 FEET THENCE SOUTH 72'1947" EAST A DISTANCE OF 17 96 FEET THENCE NORTH 17' 40 13 EAST A DISTANCE OF 1200 FEET THENCE NORTH 72 1947 WEST A DISTANCE OF 1796 FEET THENCE NORTH 17'4013 EAST A DISTANCE OF 14004 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID PARCEL 3A THENCE NORTH 72'19'47 WEST ALONG SAID NORTH LINE OF PARCEL 3A A DISTANCE OF 12 00 FEET TO THE POINT OF BEGINNING CONTAINING 23,019 SQUARE FEET OR 0 5284 ACRES MORE OR LESS NOTE SEE SHEETS 3 AND 4 FOR SKETCH OF DESCRIPTION THIS IS NOT A SURVEY ORB '1. 2359 p~ .....-- ------------ ~"._...o#II" - o -0 '>P:.,. r ::> o~,. ~ CO (>/- ~ \\ II II ';t. I ClCl d ~%Q~ -zo 0 ~~GG .flr;:;\-oc ~'\)~~ -O--l~ Z - .- --IZ -.. --I~l"'"'I o ""o(")"C; ~-<"\~~ ::;oOJ;~ ~~~--I ZZ0 ~ZO --1_""" oz~ z0:...-\ ~,..., ~$ gill ~Ui <::I ~':Z ~~ S~ d~ ~~ ~~ ;1.< ~ o ~ ..0 ~o ~~ ~. ~ ;.A ~ -t-~..o ~.~~ ~. ~~ ,?'b~ -"~ ~~ $Y ~<9- ~~C o~ ~~~ ~Q~~ O ~, r$> ~oli" oli"~ ~~~ (") ? o ~ ~':i -10 $. '-.I ~ ., ~o _.,0 ~ ...~ ~; ~~ .:..,..~ "Z -J tv .-t to. ~ . ~ ... N, c: ~ c :2. l" ". 'M ~ -l -:a S~ ~~ ~~ ~~(:l ~. 0 n':~ ~~~ tn" ... ;; ~ ~n ~~ ....." ~ - ~ -J-J ~ ~~ (:l 00 ~ VI..... ~ .- -::0 ~ .8,--- ~ ~ ~ -l ... 1ft ~ Ii l" ~ -0 ~ (") p (") (fl 'A ':Z ~ cf""IO ... ;0 ~ ~~~ -<.1"'1 o~ ;o(,/l (fl ..Jo Z o~ ~Cl S.'1'4d~"".;- ?!2!E' - _:-"""- .-:'- ~;;::::5:::;;::::;;;- -'- -.... - - ,....'- ~ ~ ~((.l -o~ ~ i=::!" ~ ;--1 n %~% h~ 0 :J:::a ~ (")-1> gU' d ~ (,/l ~ -<. g ((.l '.." ~ Q r- . '<I'J ~::;o ~ o~~ ?~O -1>"2. ~ f""I ~ --I 5.,7'4-0 ,3"W 623~.m~- 'I' ---------- _.~ -------------- "(l (:) :.. ""'CiJiJ I t'"4 000 ~ tz.1 -t(D0 c;') ,~ tz.1 II II II II Z oo~ 0 t:::l rT'l f'T'1f'T'1Z z: zzo 0 ~ ~OM -t rT'l -- Glr;iUl Ul >0;;0 tIliJ C --- II II II ~iJO ::::l \\ ~~U1 NtNN ZO~ r- 0l~U1 ~ -tZO OU10 0-t"'Tl rT'l ~..::::q "'Tl0() )> \\ . Ul -t-"O rT'l f'T'1(D3:: s: ;;:0 s: rT'l s;:f'T'1rT'l Z -G)Z -t Z-() )>Zf'T'1 -tZs: OZf'T'1 ZG)Z . -t f:r.l-3 ae: nOO == ......:l- 000 >z go ~-3 ~> l::::'UJ t'<:lC::: f:r.l:;:tl ~;3 ::3~ o :z: tIlUlZ C rT'l 0 ;orT'l <tIl-3 f'T'1:c tz.1 -<rT'l Of'T'1 ;o-t tIlUl Z 0-)>- -tZ 1Tl0 Ulrv >0 ~"""'='--- ORB 12359 Pg 1331 ~~~q mi:cm~ , . 0> tj~~~ ~~~~ ~~~~ :"':"'2~ ~~ Q '" ~ ~ ~o PARCEL 3H '0 ___ o. ___ N 1:;;0'54 'E. >o:::u II II II ~~U1 ~Ol~ \O~~ U100 \0 . 0 N , \0 ." ~ tp. ~ 1--_________ ~----- :::::> S.18'47'S4"W. 12.00' 178.1V ----n@;,:~,L ~. U1~ ~"'~ ~~\~' 01 N .:I~;:;:: ...., VI -i~-= . ...l :."'!.- .~: 0li'J . i}~ 51 ~ i'J. ;::- ~...l i'J8 "'m1b'~ S.17'40'13"W. 196.68' ';::t I~ ~~ ~g li~~~~E ~'~~::,~'~~~~'7~~~~1I 'i .. ~~..... _-..~ ~~'-~.~~""'~~;:-~~'ij'sn :E OI'q ~~Jr- N.17'40'13"E. 207.67' . :E _~Z ...l ~~ : fo"'~...l (~~lD f~:ti r :::;;i.l I 1",8!:E ~- ~"i~ Yl~~' ~~~ ~~Ib ~ S.17'40:13"W. 22~.68' ~""~~~"-';o:"~~N'.'~~~~~~""'~' '--~ ~ ~-:;~i-- ;:..;~~.-' .::::::'" ~........:~~~~~ -. .... ,~ rf~ I ./ $ """"N.1T4O'13"E. 140.04' ""'~ r, \z z ~~~ ~ II' * . ~ ~~~~ m.........~ ~ _~ ..6N -f'::,""':-;. lD4Ii....,::I -..... ""'..l i'J...l UlI"'S:;81 mC!. lo"'!. ~~ lo"'!. '8~ ~.~:;~~ "'"4 ll!.~ 8 ~ ll!.~ "~ '*'"1j l'" l'" "'1 ;tf. · kA~ rot :E .. ~'j ~. ~:. ~ ~~ ~~ ~ ~~ ,~ ''1 ~~ z ~N :E~.~~ ~8' :::'~Z@J.~"i "'" O~!t: 'i .. ~}~. ['l . t::-~;t: ~ :~-~~~ -'l I.~- ;~ ~" '1~~ ['1 ~ ~1i~~~ lDr~ :ti~ rn~~ ~If m~ lDl~ ".~ fl:~ ~~ N.17'40'1,3"E. 5' UnUTY EASEMENT _ ~-, 24.00 _ _ _ ~PL _ _1_ - 25' unuTY EA;MENT& BUFFER sTRiP (P)J! ~ ~ . - ." 5:t:I:l ~O ~~ 00 'tlll':Z ~~C"', n' 0 tzj't:!: t"'~a:: e,.)to!ltzj >CI.l~ ....{'") NtzJ an ~t'IJ =~ ....t'IJ N~ ..;z - J>' II Ol tN ~ N -..J S.17'40'13"W. 288.19' o i'J f'1"ll >. VlO f'1' I:!l' f'1 z -I Z -...J ~ Ul rT'l () :::j ~UJ iJ (.N ~ ~!'J t,I:j s;: -t ~ (Do C"::l rr1 ~ == >Ul 2;:!; 0 ""'C~ ()~ ~ c.n t:::l Z Ul t,I:j ~~ UJ '"T'1:2 C"::l r- . =:tl 0;;:0 - ;;:0)> ~ Oz: ~ ?> G") _ f'T'10 ~Z \0 ~ -...J . ~ 'tl ~ n tzj t"' -...J-...J ~~ .... 90 tN, '"""' '"""' iJn .............. z ~ :I! f'T'1 )> Ul -t VI f'1 f'1 In ::t f'1 f'1 -I '" c: Z f'1 o .., "'0 > ;0 (') pl ~ ... '" > ORB 12359 Pg 1332 DESCRIPTION TO ACCOMPANY SKETCH SECTION 32. TOWNSHIP 45 SOUTH, RANGE 43 EAST PALM BEACH COUNTY, FLORIDA LEGAL DESCRIPTION UTILITY EASEMENT UTILITY EASEMENTS LYING IN AND BEING A PORTION OF PARCEL 1 AND PARCEL 3A OF THE PLAT OF BOYNTON COMMERCE CENTER AS RECORDED IN PLAT BOOK 46 PAGES 126 AND 127 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA SAID PLAT LYING AND BEING A PORTION OF SECTION 32 TOWNSHIP 45 SOUTH RANGE 43 EAST PALM BEACH COUNTY FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS EASEMENT 1 COMMENCE AT THE SOUTHWEST CORNER OF SAID PARCEL 1 OF THE PLAT OF BOYNTON COMMERCE CENTER" AS RECORDED IN PLAT BOOK 46, PAGES 126 AND 127 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA THENCE SOUTH 72 19'47" EAST ALONG THE SOUTH LINE OF SAID PARCEL 1 A DISTANCE OF 269 79 FEET TO THE POINT OF BEGINNING THENCE NORTH 28.26'25" EAST A DISTANCE OF 9 59 FEET THENCE NORTH 17 40'13" EAST, A DISTANCE OF 24506 FEET, THENCE SOUTH 72 19'47" EAST A DISTANCE OF 2000 FEET, THENCE SOUTH 17 40'13" WEST, A DISTANCE OF 246 94 THENCE SOUTH 28 26'25" WEST A DISTANCE OF 767 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID PARCEL 1 THENCE NORTH 72 1947" WEST ALONG THE SOUTH LINE OF SAID PARCEL 1 A DISTANCE OF 20 36 FEET TO THE POINT OF BEGINNING CONTAINING 5093 SQUARE FEET OR 0 1169 ACRES MORE OR LESS TOGETHER WITH EASEMENT 2 COMMENCE AT THE SOUTHWEST CORNER OF SAID PARCEL 1, OF THE PLAT OF II BOYNTON COMMERCE CENTER" AS RECORDED IN PLAT BOOK 46 PAGES 126 AND 127 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA THENCE SOUTH 72 19'47" EAST ALONG THE SOUTH LINE OF SAID PARCEL 1, A DISTANCE OF 697 65 FEET TO THE POINT OF BEGINNING THENCE NORTH 17 4013" EAST, A DISTANCE OF 7727 FEET, THENCE SOUTH 72 .19'47"EAST A DISTANCE OF 12 00 FEET THENCE SOUTH 17 40'13" WEST A DISTANCE OF 7727 TO AN INTERSECTION WITH THE SOUTH LINE OF SAID PARCEL 1 THENCE NORTH 72 19'47" WEST, ALONG THE SOUTH LINE OF SAID PARCEL 1, A DISTANCE OF 12 00 FEET TO THE POINT OF BEGINNING CONTAINING 927 SQUARE FEET OR 002128 ACRES MORE OR LESS TOGETHER WITH EASEMENT 3 COMMENCE AT THE NORTHWEST CORNER OF SAID PARCEL 3A OF THE PLAT OF" BOYNTON COMMERCE CENTER" AS RECORDED IN PLAT BOOK 46, PAGES 126 AND 127 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA THENCE SOUTH 72 1947" EAST ALONG THE NORTH LINE OF SAID PARCEL 3A A DISTANCE OF 269 79 FEET TO THE POINT OF BEGINNING THENCE SOUTH 28 26'25" WEST, A DISTANCE OF 86 62 FEET, THENCE SOUTH 17 40'13" WEST A DISTANCE OF 23283 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF A 6500 FOOT FOR INGRESS-EGRESS AND UTILITY EASEMENT AS SHOWN ON SAID PLAT OF BOYNTON COMMERCE CENTER" SAID POINT BEING A POINT ON CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 2026 50 FEET AND WHOSE RADIUS POINT BEARS SOUTH 03.2548" WEST THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00 3458" A DISTANCE OF 2061 FEET TO END OF SAID CURVE THENCE NORTH 17 40'13" EAST A DISTANCE OF 225 98 FEET THENCE NORTH 28 26'25" EAST, A DISTANCE OF 88 54 FEET TO AN INTERSECTION WITH THE NORTH L.INE OF SAID PARCEL 3A, THENCE NORTH _71. 19'47" WEST ALOHG THE NQRTH IINF ()~ PARr~1 ~to to ~,LA.M.C'~1: ')1'\ "llr Tn TU'" "'''''0..''' ORB 12359 Pg 1333 TOGElHER WllH: EASEMENT 4 COMMENCE AT THE NORTHWEST CORNER OF SAID PARCEL 3A, OF THE PLAT OF .. BOYNTON COMMERCE CENTER", AS RECORDED IN PLAT BOOK 46, PAGES 126 AND 127 OF THE PUBLIC RECORDS OF PALM BEACH COUNlY, FLORIDA, THENCE SOUTH 72 19'47" EAST ALONG lHE NORTH LINE OF SAID PARCEL 3A A DISTANCE OF 697 65 FEET TO THE POINT OF BEGINNlNG. THENCE SOUTH 17040'13" WEST, A DISTANCE OF 256.39 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF A 65.00 FOOT INGRESS-EGRESS AND UTILITY EASEMENT AS SHOWN ON SAID PLAT OF" BOYNTON COMMERCE CENTER", SAID POINT BEING A POINT ON A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 202650 FEET AND WHOSE RADIUS POINT BEARS SOUTH 16 07'51" WEST, THENCE EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 00 20'22", A DISTANCE OF 12.00 FEET TO THE END OF SAID CURVE, THENCE NORTH 17040'13" EAST A DISTANCE OF 256.10 FEET TO AN INTERSECTION WITH THE NORTH LINE OF SAID PARCEL 3A, THENCE NORTH 72019'47" WEST ALONG SAID NORTH LINE, A DISTANCE OF 12.00 TO THE POINT OF BEGINNING, CONTAIN ING. 3075 SQUARE FEET OR 0 0706 ACRES MORE OR LESS. NOTE. SEE SHEETS 3 AND 4 FOR SKETCH OF DESCRIPTION. DESCRIPTION NOT VALID UNLESS ACCOMPANIED WITH SKETCH OF DESCRIPTION AS SHOWN ON SHEETS 3 AND 4 OF THIS DOCUMENT CERTIFICATION: SURVEYORS NOTES I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH AlTACHED HERETO MEETS THE INTENT OF THE MINIMUM TECHNICAL STANDARDS FOR DESCRIPTION AND SKETCHES AS SET FORTH CHAPTER 61G17-6.006(1), OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STAlUTES 1) NOT VALID WITHOUT THE SIGNAlURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2) BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING OF NORTH 72 19'47" WEST ALONG THE SOUTH LINE OF PARCEL 1 OF SAID PLAT OF BOYNTON COMMERCE CENTER, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 46, PAGES 126 AND 127 OF THE PUBLIC RECORDS OF PALM BEACH COUNlY, FLORIDA. SEE SHEETS 3 AND 4 FOR SKETCH TO ACCOMPANY DESCRIPTION W,L FISH & COMPANY, INC, p~~;P 3) PATRICK B MEEDS PROFESSIONAL SURVEYOR AND MAPPER FLORIDA STATE REG. NO 4728 THIS IS NOT A SURVEY ORB 12359 Pg 1334 "'U "'U ~"~".'.' t- O 0 ',if' t%j CD 0 ~~, c;') t%j II II II Z o 0 t::l o I'T1 I'T1 I'T1 Z Z ZO 0 oM M M (J') (J') (/) " I'T1 "'U Q C; o Z I'T1 -~ s:::: Z 0 I'T1 ~-.,~ 0('") "'0 CDS:::: 1'T1s:::: C)~ -('") ZI'T1 Zs:::: ZI'T1 C)Z . ~ o ,/ ~~- ;'t"- ~\\ ?~C ''N o'O\'',jo s.o ~~ C?~ ~ 0\. I"::~ 0--, tlJl-3 Be:: noo = ....;- !II 000 ...j >z I>) ..I go co . !!al-3 "i ~> ['1 I>) ~oo TTl'" 0\ >. co t'I:lC:: tIlC :.., Z 1"'1' ~ N tIJ~ I:!l' !'l~ Q< 'Z! ~ UlO\ =tit%j co . z .1>) ::3~ Ul ? . 0 ['1 z 0.,:1 "Y \\ \\ \\o~ '0 t-J, c:P /O~ o ~'-:, t-J .?- to. ~~ ~ ......s 0) ~ 0). .- ~= r'" -~ tIlO .0 ~; ...a "'c;':l ;a S~ ~~ tIl Z :.., ......s 1>)1>) 0..1 ~ ~( 'CO 8~' (0 ....j "'I:l ~ ...j . ~ 1>)1>) ['1 ......s ~p tIl n = .If: N tI:I :E "i . ...j0ll tIl 'pJ t"'" i1E :.., 010\ -;; I>) "i.. ~ ......s ......s ..I I>) 5~ Ul > ~ ~ co . . i1E ~~ 0 9 ...j . V!. . 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R::::525.00 0::::13'4 511" A==12602 / \ \ \ \ n \'iIt~ \t~- :l'i. \ ~~ \~~ ~ \ \ ~~ :..1<::) \ ~'2.".JO\ '-O~, '::.!:-.50 -, ..; ~ \ \ \II , , ~..'tl - )'1? '" ----$ ~--\ \I , ~ \ ~ , 0 \ o. \ 0 \ II ~ \cP \~ \~ \ -"~ \ J> \ II \~ \~ N \~ \ \ \ \ I \ S'~~~~'~'_ I I ~ N.17-40'13.E. \ ~o~ \I \I \I \ o~ \ '9'3~ 01 .,. \ .._~~- \ . \ \ \ \ \ \ \ \ \ \ \ \>0:0 . " I \"'8~ I~ 0 . ,..s~ 80!>> \ "Ng ~ - . ~ S.17'40'13.W. 256.39' - ~~~~~~~~ N.17'40'13.E. 256.10' !II ..., ~ ~ ID :ti . !"l ~ (l) ID :.., ut - "tl ~~ ...;JO =~ 0"; 00 "'ClP"lz SC~(") (")- 0 tzj"tlll:: ~~lI:: "'t:oJtzj >U1::t' -(") NtI:l =(") ~t"j -~ N::t' -.J - III :.., ~ ~ ID ..: ~ :.., ~~ o~ 'ID ~..: ...., :i (l) ID ;-l (l) Ul E~ i~ ~ z :.., ...~ !'l~ But "~ "i ~ S.17'40'13"W 288.19 ~~t.I~:a ~~~l<l? r"1ncJ::~ "'0 fTI t.I:O~z >~ iil :0 ~~ ;p, CoO z o :0 :i! c Z fTI z ~ ~ to ~ "'Cl 'i SC ~ (") t"j ~ -..J-..J .... ~~ -" -" 00 -"V!. ................ "'On -- !fl " > :0 n ~ t.I > tfl f"T'1 CJ :::l ~Ui -oVl ~ ~ !'-' t,I;j 3::-l ~ CD 0 (") f"T'1~ == >Ul CJ:c 0 :I: =c "'%j CJ~ gCJ1 ~ Z Ul t,I;j ~g Ui ,,~ (") .. ~ 0;::0 - ~)> ~ Oz ~ ?> G") _ f"T'10 ~Z 1"'1 )> Ul -l LEVY m ~l~ANI JUL - 3 LLC ELEANOR B. HALPERIN OF COUNSEL COUNSELORS AT LAW BOARD CERTIFIED I~ REAL ESTATE LAW 1 July 2002 DIRECT 561.478.4722 ehalperin@levykneen.com via facsimile and U. S. Mail Michael Rumpf Director, Planning & Zoning City of Boynton Beach i 00 East Boynton Beach Blvd POBox 310 Boynton Beach, FL 33425 Re Lowe's of Boynton Beach Our File No 5662 003 Dear Mike Enclosed please find a letter sent to you over a year ago regarding the release of bonds posted by Lowe's in connection with their construction Following that letter, it was my understanding that arrangements were made to return the funds to Lowe's. I recently received a call from my client advising me that the funds were never returned to them I would appreciate if you would have someone follow up on this as soon as possible Obviously, the warranty period has expired so that the full amount of the bonds can be returned Once you have located the appropriate information, please have someone give me a call to advise me when to expect to receive both cash performance bonds If you have any questions, please do not hesitate to give me a call Thank you Enclosure EBH/sg 1400 CENTREPARK BOULEVARD SUITE 1000 WEST PALM BEACH, FLORIDA 33401 PHONE 561.478.4700 FAX 561.478.5811 lILAW_SERVERISYSIDalaIELLlEILOWESIBOYNTONIRumpf 0701 02.llr,doc L .. . - ,.. -r ~ ~ EVY, ANE.3N, Yl2..B.I..L'iI, \.. URTIN, KORNFELD "^ DEI. rtUSSO PROFESSIONAL ASSOCIATION ELEANOR e HAL-PERIN OF COUNSEL. BOARD CERTIFIED IN REAL. ESTATE "AW -HRITER'S DIR~CT DIAL. NO.. (561) 478-4722 COUNSELORS AT LAW SUITE 1000 1400 CENTREPARI< B9UL.EVARO WEST PA.LM BEA.CH FLORIDA. 3:3401 TELEPHONE (561)478-4700 FAX NO (561) 478-5811 H IRWIN LEVY RETIRED 17 May 2001 Michael Rumpf Director Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd Post Office Box 310 Boynton Beach, Florida 33425 \ Re Lowe's of Boynton Beach Our File No 5662.003 ." Dear Mike As you know, in connection with the construction of the building, Lowe's was obligated to deliver two (2) cash performance bonds. One was for a Fill and Excavation Permit (No 0000002298) in the amount of $110,000 The second was for the construction of the on-site utility systems in the amount of $278,904 The work which these funds guaranteed has obviously been completed. This correspondence shall serve as a formal request that the funds be returned to Lowe's as quickly as possible I would appreciate if you would give me a call to let me know if there is anything additional you require outside of this correspondence to secure a release of those funds. I look forward to hearing from you shortly I hope you are enjoying shopping at Lowe's Thank you cc' Creech Engineering (via e-mail) Wayne Harris, Esq (via facsimile) r \Daca\EL..tIS\LOWES\BOrN7'~."t/\.=?'.J:::pf 1 051701 doc ~" 'B~ , ...... LEVY, KNEEN, :tvURIANI, CURTIN, KORNFELD & DEL Ru PROFESSIONAL ASSOCIATION COUNSELORS AT LAW SUITE 1000 i 400 CENTREPARI< 89ULEVARD WEST PALM BEACH FLORIDA 33401 ELEANOR a HALPERIN OF COUNSE~ BOARD CERTIFIED IN REA~ EST A TE ~AW "'RITER'S DIRECT DIAL NO.. 561) 478-4722 TELEPHONE 1!S611 478-4700 FAX ""0 (5611478-5811 H IRWIN LEVY RETIRED 17 May 2001 fiLE COpy Michael Rumpf Director Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd Post Office Box 31 0 Boynton Beach, Florida 33425 ,." Re Lowe's of Boynton Beach Our File No 5662.003 Dear Mike As you know, in connection with the construction of the building, Lowe's was obligated to deliver two (2) cash performance bonds One was for a Fill and Excavation Permit (No 0000002298) in the amount of $110,000 The second was for the construction of the on-site utility systems in the amount of $278,904 The work which these funds guaranteed has obviously been completed This correspondence shall serve as a formal request that the funds be returned to Lowe's as quickly as possible I would appreciate if you would give me a call to let me know if there is anything additional you require outside of this correspondence to secure a release of those funds I look forward to hearing from you shortly I hope you are enjoying shopping at Lowe's Thank you - -f I ;1 <..d /J Y ..I / I " 7 r I b' f ~~J.L / 10 ~~ i^- {~ , cc' Creech Engineering (via e-mail) Wayne Harris Esq (via facsimile) ,~ I lC I m wi ... i rv ~ y.. ~ (.~ G t-r:. l,<- /t:'~ it i j"~ . /.1/:::' [,,,i '/ 1 c~' () ("') ~1Z .. F .':'ata E:-:'IE LCWES BoniT'.JN\Ri..!!:p= 0 ao,- DEC-06-2000 10 04 PEe TRAFFIC ENG 551 478 5770 p 02/04 c:; '.. (""-. S- ~S ... - LEVY, KNEEN, MARIA~I, CURTIN, KORNFELD & DEL Russo DI'lOF'LSSIONAL ASSOCIATION f:l...[:ANOR 8 HALP'EI'lIN 0" COU N5ltl 8""RO etRllF'ltO IN "'1t"L t'!>~"Tt L"'" WR"!:II"SDIAECT CO,.... NO.. I!HSI' 478-4722 COUNSE;L.ORS AT l...AW $UITl: 1000 1400 :;ENT"E"A..t< BOULE'''''''''='- WEST PALM BIU.C Ii , :f"1.0RIDA 33401 TELEP>iONE; ($el) 47.-4700 F"X NO (55 '47(HS8'1 9' / ,- (. - C't.,. _J' RECEIVED NOV 2 2 2000 I~ IRWIN I.i:VY RETIA!:O November 21,2000 pse ENG TRAFti'IC Ot Charles Walker P E Palm Beach County Traffic Division 160 Australian Avenue West Palm Beach, FL 33406 Re Lowe's at Boynton Beach Our File No 5662 003 Dear Charlie, In connection with the approval of the Lowe's Home Center Project in Boynton Beach, a Traffic Study was submitted to the County In response, AI Federk:o, in a memo dated November 19, 1999, outlined what improvements were required to satisfy the County's Traffic Performance Standards, A copy of that memo IS enclosed for ease of reference In the Conditions of Approval for the Project issued by the City of Boynton Beach, Lowe's was required to complete the construction of those improvements prior to the issuance of any Temporary Certificate of Occupancy Lowe's, as we have discussed, needs a Temporary Certificate of Occupancy in order to be able to commence stocking 'the building. It usually takes 6 weeks from the date of the Issuance of the Temporary Certificate of Occupancy until the store is able to open for business to the public Accordingly, Lowe s is requesting the County allow the City to issue a Temporary Certificate of Occupancy provided a final Certificate of Occupancy is not issued until the offslte road improvements are completed and approved by the County In connection with this request. I have previously delivered to you the Contract for the off site improvements, as well as a copy of the Bond Insuring performance of that Contract Lowe's will require the Contractor to add the County as an additional insured As soon as I have e copy of the Certificate, I will forward it to you CEC-06-2000 10 05 PEe T~AFFIC ENG 551 478 5770 P 03/04 Charlie Walker November 21, 2000 Page Two I would appreciate if you would notify the City that these terms and conditions are acceptable to you and that you will consent to the City's issuance of a Temporary Certificate of Occupancy for the Lowe s Home Center with the condition that the Final Certificate of Occupancy not be issued until the offsite road improvements are completed and accepted Please indicate your consent to this understanding by your signature below and forward the same to the City with a copy to me Thank you ~~ Eleanor B Halperin EBHotrc Ene cc Richard Goodman Rich Wilson Understood and Agreed f~&- Charles Walker, P E Palm Beach County Traffic Division ,. \DIIt<l\4ft...ali,oOWS$IOOY>I7QIIT\Ii.Jl<c, J;/100 doc rEC-06-201210 10 05 POC PAFF 1 C ENG 551 478 577121 ::> 1214/04 Nl'M .Ur::B COUJrI'rr D.,UDldDft' or .-mw-raaq MID 7I'huJC: woau ~rc _1'JQ__,... D%V%SIOJ1 FACSIMILE TRANSMt"~~AL Date! Novw:mbel' 19, 1999 N8D1e: Steve HODrY. P.E. t~IDOb & Auociates. Inc. Plume; 813,289,0089 Fp; 818.281.017' 8ubjeaf;; Lawn - TPS Re"liew I'l'OIIl: AI F.Uri=, P.E. A SeniOl' Ttaftic Eklaineer Phon.: S61,884.4030 Pas: 561,478.57"/0 p.....: ..L bJcluc1b&.c thi. CI:JY'W pap ..I . Jj & we cIiIK'1UM, Palm Beach Cout.f ClQDC\U'l'8ney appt'OVlll. for tm. pro;~t ia pendmg the S'IIbmiRion of. Public 1"aciliti.. Ape.DUlD.t _ the iDlprovemanta DOted in. tha trai!ic impaet study .ated Sepwabe1' 1999. ~an1, thue i-nprovementl are: the additkm of a northbound left tum 1a:ae at the inteneeticm of Woolbright Road aJUl Seu::rat Boul.vvd, and the ac:lcJiticm of . westbo\mcl richt turn lane and the reccJld'igul'BnOn of the MPothbodacl approach lane:e at tIw etenect:ia:a. of Woolbright Road .clli COJ."poral:e DrivelSW 8'" St\"eet. Addio.....,...n,.. P8lm Beach CoUbty is recaueatulc th.t . third llUI8 b. added to th. nortbbcnmd appJ'OaCb of'the Woolbright ~d1Corporata Dti~ inter8~h. Pl._ ccmtaet me if YOll have any queatiom. - 00: ~ IUt:raI Q.,. IIIClJ."Iltoa ~ (f'.* ~l.S,",.6aG9) o:,TJtAJ'J1~,lIIG8td.wpd PI"". f:fJU '~1.t184.4(J~(J if tIIU Information 11'. not trg~milUcl ct.Grly. TorRl... P 01 TOTAL F 04 DE'O 07 00 O~ 37p DEC-04-00 MC~ 03 3\ AM h, P 2 WOODS LL P ~AX NO 9C4i9o.:>~ ,> 02102 C.(;, Jl , Mcr..~I,.tt"'j)Q4,," llP r 13 J;"'.k ,( J\"~'1( II( l,lW "0 N')d, I .n "l~:\.'I" ~;;.r' ':.1..,' I .K~'(')\l..,d'\'. H )1. .h12 V'C:1 I ""'Oll~' ~m,1 ~t'!C' '1,2('>(: F.b~ '1'14.7'); I!O: "~:::'::"::~h :'~:,~.~..: ~::' I tv1 .r l J If } [\AIlC' '("11 )' D,r",r ~)01 \"l.1 t '~J . \ 'J ...d.. ) kk~'t'fr:ti' ~v'rt..'!r'{-ocd~ 0,"1 Oll~ ~.)'; l"!O~ )r,~ Cil(, November 0, :;')0;) Y.!A.fACSIUfLt;.f9&1l.21.o.1881 Mr Ric,( Wjison Creech Engineers PO AoJC: 1480 Palm Cit~ rL 34991 l1e A:)$oddlil,J\' l)ear Rlcl\ llin::Jerstand ',ne City of Bo~n!O!1 Be"cl) has recen\!y asked abOl..llowcfs memljerst',p I:' tile aSsoClatlQt1 rp.spec\hg Boyntct1 Beach Commerce t.en~er lowe's acqUired its mterest 111 t!'''g Center by virtue 0' two sep<lrate deeds O;1e d~ted April 14 2000 and recorded In Offlc.lal Records VaLJIl'e 11762 pago 756 a:'l,'1 l'le o!tle( di:11ed March 31, 2000, and recorded in orr,~!<li Re<,;mds VOI'JI 'ie 11 fo"! p<.ge 761 Eacn 0' !hOS0 deeds proVIded, In part, that the property was bour"J uy Dnd subject te the Dedaraton (If Restrictions dated February 29 1996 and recordccln OR. 9929 pJge 807 The tf.:rr"lS 311,j (.onr1itions of ~he focorded plat cmd other docurn~rli~ (Jre a'so relevAnt 10 c,:mflrmIlJg ...owe:; rights to use vanous ea$e"T\en'S A<:. is typic;:.!l with $.Jch :):;'~ociati()r1 docu'11en:$ ItllJse dOCUj!'lenls provide, (lnlO'1g other things lhat ownership of property 'Wllhin the Center obligates the prope'ly ownE:r (0 be " member of the assoclafon ,n add;tion those documents ::onlirm thaI a prope(t~ owner has the right to use proPL?rty which w1dGr lh~ tl10t and aS5oclall;jl"\ (!O<':Ultlt!.i~S l~ Cor \tle tenetlt o~ ~he lot owners I am not BWatl'! of any pro\l\l;,ons requinng is,ui,r'\c:e of 1H1:1'lIb~!fst-!I!= cer'llflcates or o\her documcm\s which would show proof 01 membership If yau should have ot!">!"r questions or COmmcr.t3 pl.~~se do not 11t:'~,I...t€ to contacf ....1.;; You::; v,!ry truly 1- )J-V-' f<enle\il M Keer~. Jr ~MKI~S ce' Lee Current \\K:"A\. Q7~.11 Mar-30-00 04 43P P 02 GREEC=~ Stuart Off~ 203 west 3" Street, Stuart, Florida 34994 POBox 1488, Palm City Florida 34991 (561' 283-1413 Fax (561)220.7881 Ema:! Creec!" l@gate.net EAX COVER ~ DATE March 30 20CO : NO. OF SHEETS. 7 including cover FAX NO. 561-742-6259 PHONE NO. , : TO' Nicho\e I Mark Lipps i . FROM: Jerry Compto" COpy : PROJECT NAME: i PROJECT NO ! FAX NO.. Lowe's - Boynton Beach 99027 00(07) o URGENT ----: For Your Review o Reply ASAP o Plea.. Comment MESSAGE. Niehole Attached are the trash compactor cut sheets and the architectural floor plan for that ~rea, I hope this is what you you re looking for Thanks, Jerry Compton Creech Engineers, Inc. ET/'rb &9027 -OC.Q7 -F*",-Boynton nicno~-3,30-00.doc M<t~ou_ Off'ce (4071 674-ge98 Fax (407) 674.Zlll11 ElTlIli" c,"Gh2@gale.net l.u~.ue1t OffiC4l (8501 ~1-1105 FlI~ (e~~' 841.1106 1':1'1"';:. nenrwllvOaol en'" I -, ,.. , . , .. . . MARATHON EQUIPMENT COMPANY ~ c..C>> ...~~ .... ~ ~ .... . ~ C/#P A 2,. 2.15 & 3 Cubic Yard Capacity --- ~ ~- C -<:(. Totally @ Listed! Heavy Duty Construction, CYCON Llfe-Xtender and compact size make the Trash Commander Series second to none in performance and durability @ Trash Commanders feature the Signature Series Warranty 3 Year Warranty on Structure, 2 Year Warranty on Components, and 6 Month Warranty on Labor ...~ Rental & LIIssing Pro(Jf'llllJS Available ~O.d d~~:~O OO-O~-~VW The Power of Trash Commander... Reliability, Performance, Quality & Pnce Marathon's patented ~ \. ( J I" CYCON Llfe-Xtender - ~ (~ - ~ ll.X..nd." Cyclic Control System . "- is standard on all TRASH ~,\,\, COMMANDER Compactors CYCON features Mobile Power Module . The mobile power module is securely concealed and can easily be reloca1ed to either side of the compactor or converted to a remote power unit. . Automatic "container full assurance system" - the ram dwells against tile load at full pressure resulting in superior compactior". . The ram-guide system features graphite impregnat ed cast iron runners riding on replaceable wear strips, Less fric- tion produces more efficient co~pac1ion and less floor wear . Reliable. solid state circuitry eliminates all pressure ar'ld limit switches for ram cycle control . Extends wear li'e ot cylinder and hoses- guaranteed by CYCON's ncrshock cycle control Compact Size - Full Size Power! . . Advanced hydraulic design allows the system to operate at minimum pressure levels except when actua!ly paCking solict waste or recyclable materials. . Dramatically improved cold weather performance . UL and CSA Listed. Heavy Duty Construction . Breaker Bar made of '" thick structural angle 6' x8' " CrullhJng Rllm constructed of 1/2" File. PM", 3/8" Rsm Top reinforced with numerous structural chan- nels, bars and apgles ~ Rugged Frame fealures 1/2" Floor Plate supported by four to SIX 4" struc1ural channels (dependIng on tre model), 1/4" Charge Bolt Sid.. strengthened by supporting channels and press-formeo integral corrugation 1r../I ComlnlttltMf LEFT SIDE ROU-oFF COMPACTION CONTAINER TOP VIEW '. , Other Compacto's FliGHT SIDE TC-2HD TC.2HDIHF A 101 ~iI4' (2S84mm) 8 69' (1753mm) C 48' (1219mm) o 16" (406mm) E 45' (1143mr.l) F 563/.1 (1442mm) G 76' (lIi81rr.m) H 311/2' (800mm) I 38 t'?' (978mmJ J 1451a" (371mmj I( 74 (I&Omm) L 603'4 (l!,4:Jmm) TC-2.SHD TC-2.5HOIHF 126" (2584mm) 69" 17 753m",) 48 f1:?19mrnj 16" 14OOmm,l 57" (/448mrr.) 69" (1~53mrr:) 78' (1981mrr:) 31 112 (800m!'!!, 38112 (978mm) 14~'1) 371mm) 71, (1~80mm) 75 j~ 1911mm) TC-3HO TC.3HD/HF 154 (2584mmj 69" (1753'7'"') 48 (1219'7'mj 16" (406f1II/lJ 71 1/2 nf76mm 321,:l (209Smm) 80" '2032mmj 31 1'2 (800mll;) 381'2 (iU8mmi 145'e" (37'1mml 74 'laaoml"1J 69 {.1 ,1759r'r,rr'} A- F---- E --- -- G -. --. :- B - !II' --:::----1- ! w ; D c -'-" ~ L --l K iRE~ UVLY' FRONT VIEW ("Ef'CNL SIDE VIEW dvv VO OO-OE-~~W VO d " Clear Top Opening, 52 second 'P Motor 109 cubic yard Capacity lear Top Opening, 40 5000nd Cycle Motor' 141 CiJOfC ,/md Capacity Per HOl./r TC-2.5HD: 53" x 60" ClelJr Top Openmg; 63 second Cycle Time. 10 hp Motor 115 cubic Yl1rd Capacity Per Hour TC-2.5HDlHF 53" X 60" Clear lop Opening, 49 second Cycle Time 15 np Motor 148 cubIC yard Capacity Per HO/ir ar Top Opening; 77 sscond Cvc/e cubic yard Capacity Per Hour TC.3HDlHF- 67.5. Jt 60" Clear Tup Op9ning; 59 second Cycle Time, 15 hp Motor. 156 Clibic yard CapaCity Per Hour:. ) SO d dPP PO OO-OE-~ew Trash Commander Series Specifications & Perlormance Data Trash Commander - Trash Commander- Heavy Duty Models Heavy Duty - High Force Series TC-2 HD TC-2.5 HD TC-3 HD TC-2 HDiHf TC-2.5 HDIHF TC-3 HOIHF Cha'oe Box Capacity 2.5 Cy I! gm') 3 cy (2.2m'I (\1'r$. Rahng) 2 :y (1 5:T'I') 2.5 cy (1.9rrt') 3 Cy (Um') 2 r:;y (1.5m') (WASTEC Rating) 1 57 ('I t1.2m') 2.01 cy (1 5,7") ~55 cy (1 9,") 1.57 cy (1.2m') 2.::11 cy (1.5f'nJ) 2.55 cy (1.9m') 4' x50. 53")(60' 67 112')(60' 41')(6{:" 53 xliU' 67 1,2'x60" Glear Top Opening(lxW) (1041 x 1524mm) (1346 x 1524mm) (f715Jl/524mm) ,'1041 x 1524mm) (1346)( 1524mmj (111;;r 1524mm) Capacity Per Hour 109 (y (83m') 15 cy (86M') 119 cy (89nr') 141 cy (f08m') 148 cy ( 1Gr.7') 156 cy (116'"') Cycle Time 5 ~~ sec 63 sec 77 see 40 see 49 S'le 59 see Total Normal Force 54 ~JOO Il)s 54,500 Ibs 54 5eO 'bS 62.700 los, 62.700 Ib" 62,700 Ibs (24.9kN) (243/(N) (243 kN} (219 kN) (219 ~tJ) (2?9I<N) Normal Ram Face 313 pSI 31.3 psi 313 PSI 36 0 psi 36,0 IJ~I 36.0 psi ,216 kPa} (2'6 kPI) (216 kPa) (248 kPa) (248 ~;Fa) (248 kPa) Ram Penetration 14' 1.156mm) 14" (356mf'1) 13' (330mm) 14" r3S6mm) l' (.1St rl"r) 13" (330mm) t ;- l T r ' ......1 l \ I , flectrical Motor 3/60- 208/230/460 Electrical Control Voltage Typical Panel Box 1D 11p (15kw) 10hp (l5kw) 0 hp (15 kwl '5 :1;> (f1 kw) 15 hp (11 kw) 1?[J VAC 120 VAC 120 VIIC 120 vAC 120 ~A~ Ullisteo: NEMA Type 3R 'N1tl'l Standard Controls: i(eylocl< Stan, StOp, Reverse 15hp(11kw) 120 VAC :) J'Tlp Capa:ity 10 gel"' (J8I/mJ 10 gpm (38l/m) , 0 gorn (38 t'm) 13 gpm (49/lm) 13 gpm .J91,rn) 13 gpr'l i49 i/m; Normal Pi~ssure 2ClOa pSi 2000 psi 2000 pst 2300 psi 2300 PSI 2300 psi (138 mPa) (13.8 mP.11 (13.8 mPJ! (15.8 mPaJ (15.8 rnP3) (IS 8 mPa) Hyd1adlC Cyhndor (2) Bore 4 1/2 I 114mm) 4 1/2" (714mm) 4 1ft (114mm) .. 1'2" (114mm) " ';2" (114rnm) 4 lit (114mmJ Rod 2 11" (C3mm) 2 117' (63mm) 2 112" (63mm), 2 f2" (63mm) 2 1:2" (6Jrrlln). 2 li2" (63mm) ~Tnl : TI ,{ .1 ('Hi,' , Charge Box Sides 1/4' f6mm) 1/4' (6mml 1/4" (6mm) 1f4" (6mm) 111, (6m7r/ 1/4" (0111171) Charge Box Floor 11? 13mm/ 112' (13mm) 1/2" (13mm) 1/2" (13mm) 112" (13/"1))) 1/2' (13mmJ Ram Face Plate 1/'1." '3mml 112" (13mm) 1/2 (13mm) '12.' (13mm) 1/2' (13;r'I"IJ 112.' (!3mm; Ram Bonont 3/8 /Omm) 3/8' (10mm) 3/8' (10mm) 318" (10mm) 3/8' (10,?)rJJ 3/8" 'fOmml Ram Top 3/8 10mm) 3/8" (10mn') 3/8" (1Omm) 3/8" (10m".,) 3/8" (1 {);'II:II 3/8" flOmm/ Breaker Bar 6' )( e' x 1 6" x 8" x 1 6" x B")r; 1 6' x. 8- )( 1" 6' x 8" x 1" 6' x B" ): 1 SlrJClural Anale ( 150xlOOx25mm) ( 150x200x25mrT') I 150x200x2Smm) ( 15Ox200x25mm) ( 15Ox20/1x25mml ( 150x200x25mmj - 4,5110 Ibs. 5,OOC Ibs 5 700 Ibs. 4,500 Ibs. 5 000 :lS 5.700 Ibs (2040 kg) (2268 k(;j (7585 kg) {2040 /(g) (2268 kg) (2585 /fa) Visit our Web Site. www marathon-equipment. com lIiiiLan y ~11l)"""'''''GO'''.Y MMATHOH EQlJlIIMIENT CQIMo,,,lY @ <<I. :. ;(1)1 WASTtC 11 H PO lloK 17!l8 Vnrtl()ll. AL. J5S92 1'!#j UeA (2(,(,) ~lJ5-S':IS III. 1;>'15) 695-7250 1~,~g,. 131\ H>oIy. 338 Von..,..", 'W 1IINoC1 ci!'iA' (702' 00:.4:130 In (7Q214li"-4531 1_~m 901 Il'd,..tn.. ".t'< lW. <'_:I'.k1. Pf'o H;lt30 US!' (9'4/ r~-0200 I.. (8'4, 765.20'~ 1-<<1O-'22-1Od~ 130 Sriri!Jltla"" ~..... Um ?IO fO<<l:1'u, ()"il'tkl Can,,,,," toI8A 124 fa. (8141 '65'20'~ r"f~TeS4200 P'f":h.."ea If': ''''II,", 1;t"a~lKli ilt llul:lr~llvn nn1v !:i....~f~.re ..~jact to cN~ w'lMllt r:"~IC. :rl o~r to aOCUf'WI'1O("..,.1t. tmpruy..",.'tI tG m. eCluipme't (..ertmed .1I !;UlrpllO'll'W"e ",fit" AI',IS' ~gUl;.h()fl l2J'5.2. .If 09-4A 8tarMt1i1rds, er.d c&t1ih.d I.~.' WASTi::C;.'f. ~!atlof'al"Y CntTlpilCtO, Cert~t)fI Pr')qr....... PtOttl.t"ts nutt be usecl Nt,.. .., pr.Cltctl ana .r: aCCOl'dat\Gft wit" M<I r~..N)I15. W\tl tE..nOaroa. y"~H.UIrItf ....M--W9 c019Q1 M~rSl~~ :qlliJ:!mnn1 CC1.T>pat'Iy Prirltvd Of' rIlC"fClecl _ on """ USA 90 d dvv VO 00 OE-~~W ~'IW'C"t-'* ,.' ... ....'" '-' ;. tJ._..,....., ~~_.'itoit.,., .~ ...~ '10- ~ S ~ ~ ------r-~ 1 ~dCl'O \.r: ~~...,' LQ""O f!- .., ~ . \" C) \ ~.. \ ~ ~ ~ ~ e z. '"' ~ r-" ." .:t 'i n ~ ~ o F ~ (/) ..... % <. ..... ~ ~ ~ (ii o q, ~ Y" ("1 .-\ o 7G . ,t.. ~:..~i\.. ..~~~"!.., 0",,:.-1'''''' .jl~ '" \ ~ \.-1 ~ \----t--1 --' C~\ <.J! \ ~ .. ~ 1>:t. tilt:) --c (/)~ T.~ o;(j .::. z "ZeiO 1:''-' c:li C,- 1<"\ '::4 I ~ e ... f'\ 1>C- Vl 1,IlT'" '!~ rJ:> ~" ~~ -o~ Sill n )>0:1> ~ __ XI O~ Z"" o;o;~ t,lJZ ......" ~c:'" ~l;: l"\V T"'l" c:> :r.('")~~ t;ij~~~ ""1J....;o r"Qf"\Vl ~~d"" I""It"'I ~ ....,oVl ?"OO (/)....1""1;0 <~~~ ~J:> 1:- ~"":2~,ov --0",.., ""\JQ 1""1 ~~of'" ""n-:gd ':.:CO:C ...,..,V'l~ ..-\'S~'""J ~1""I';ti ....~\Il O~i' 'c:I I' ~ n -0 r"'\ n""\O Or- fo ~~..-: gQO (/)' ~ ",'"' cg~~ F9~ ;~~ ."VI~ X1~~ 1!iVlr'l C'\ ,0 d"'t:: ""~r ~VI' .. 1Il",lfi\ .-oiJ:> ~~ ~-- .... ~ d911 110 OO-OE- * ~ !I'~ treQlure co~t regional planniQg council MEMORANDUM To Mr Michael Rumpf Planning & Zonmg DIrector CIty of Boynton Beach Terry L. Hess, AlCJV[l., f IL Planning DIrector . I May 25,2000 From: Date: SubJect. NotIce ofPerrmt ApphcatIon No 000522-4 Lowe's Home Improvement Center Attached IS a notice of application for an envIronmental perrmt to conduct dredge and fill or sImilar activItIes withm or adJacent to your commumty We are dIssemmatmg thIS mformatIon for your reVIew and comment. The mformatIon provIded wIth thIS notIce IS very bnef, but you may contact the perrmttmg agency dIrectly for further mformatIon If needed m order for you to assess the Impacts of the proposed actIvItIes on your communIty If the proposed actIvitIes are not consIstent WIth your comprehensIve plan or other locally adopted plans or regulations, or If you have any other comments, please submit them to the perrmttmg agency by the deadlme date mdlCated m the attached matenals. We would also apprecIate receIvmg a copy of any comments you may have for our files. Attachment 301 east ocean boulevard suite 300 stuart, florida 34994 phone (561) 221 -4060 sc 269-4060 fax (561) 221-4067 .. fbY f'I1lTN rrt:*-~ ) c;;:- ""-/ ~ L.... <:- ,'~ '" C'- S- S SOUTH FWRIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-4322045 . TDD (561) 6972574 Mailing Address: POBox 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov NOTICE If'....... .,.,. ..~.. t ~ ./~: n ~r~~ ~ ~. i&.".;, '- May 23 2000 \"~ tV ? 5 /.COO HL...;,.... ~ ~UvNCIL Subject: Environmental Resource Permit Application Application No 000522-4 Applicant Lowe's Home Improvement Center Palm Beach County S 32fT 45 SIR 43 E The South Florida Water Management District is currently processing the attached application If you have any comments or objections concerning this project, please submit them in writing to this office within 30 days of receipt of this notice This is also an opportunity for applicable State agencies to concur with or object to the proposed project under the federal consistency provision of the Coastal Zone Management Act. Review must be in accordance with the procedures adopted by the Interagency Management Committee on October 25, 1989 Findings of inconsistency must describe how the project conflicts with your agency's statutory authorities in the Florida Coastal Management Program and provide alternative measures if any which would make the project consistent. Commenting agencies must provide a copy of all consistency comments letters to the Florida Coastal Management Program Director, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100 Please refer to the applicants name and application number as referenced above in any correspondence to help facilitate processing. Questions concerning this project should be addressed to Rob Robbins at (561) 682-6951 or Tony Waterhouse at (561) 682-6867 BAC Is Attachments c US Army Corps of Engineers Department of Environmental Protection/Office of Protected Species Management Department of State, Division of Historical Resources Regional Planning Council Department of Community Affairs Palm Beach County Department of Environmental Resources Management GOVER.'\iING BOARD EXECUTIVE OFFICE Michael Collins, Chairman Michael D Minton, Vice Chairman Mitchell W Berger Vera :vi. Carter Gerardo B Fernandez Patrick J Gleason Nicolas J Gutierrez, Jr Harklev R Thornton Trudi K. Williams Frank R Finch, P.E., Executic'e Director James E. Blount, Chief of Staff South Florida Water Management District POBox 24680 West Palm Beach, FL 33416-4680 MAY 2 2 2000 Form 0444 APPLICATION FOR A STANDARD GENERAL PERMIT FOR INCIDENTAL SITE ACTIVITIES :- 0 0 0 5 2 2 - 4 , (Rule 40E-40 042, Florida Administrative Code) From Section 40E-40 042(2), Florida Administrative Code, " Incidental site activities' means site activities in uplands which may be conducted in conjunction and conformance with the work set forth in an individual permit such as land clearing in uplands, minimal earthwork, lake construction, road subgrade construction, foundation construction, utility installation fence installation, construction trailer installation, unconnected drainage facility construction, or other similar activities 11 Applicant's Name Lowe s Home Improvement Center Property Owner's Name Lowe's Home Improvement Center Applicant/Authorized Agent: Richard E Wilson, P E., Creech Engineers, Inc Mailing Address 203 West Third Street City' Stuart State FL Zip 34994 Phone (561) 283-1413 Surface Water Management/Environmental Resource Permit Application Number' 991215-10 Date of Application December 14 1999 Surface Water Management/Environmental Resource Permit Number (for Modifications) 50-01091-S Project Name Lowe s Boynton Beach Project Location City' Boynton Beach County Palm Beach Section(s) 32 Township(s) 45 S Range(s) 43 E Site Activities to be Authorized with Drawings (if different from application submission) N/A Brief Statement of Reasons for this To begin construction while waiting for permit issuance Brief Statement of Specific Work to be Conducted Land clearing minimal earthwork, lake Construction road subgrade construction, foundation construction, utility installation fence installation construction trailer installation unconnected drainage facility construction or other small activities Date of Commencement. June 1 2000 Anticipated Date of Completion 1 year for project Brief Statement of Facts Which Show Why the Proposed Activities Qualify for a General Permit: Staff has completed their review of Application #991215-10 and they have found it complete Page 1 of 2 .____~..____~_____.________.. ~___________1... HEREBY CERTIFY THAT 1 These Activities will not Cause Any Off-Site Water Resource Impacts, 2 These Activities will not Cause any Adverse Water Resource Related Quantity I Quality or Environmental Impacts, 3 There are No Known Water Resource Related Concerns Associated with the Project; and, 4 The limiting Conditions Specified in Rule 40E-40 381, F.A.C will be Satisfied Applicant's Signature ~ r Date 5-1t;-C0 Name Richard E. Wilson, P E. (IF NOT THE OWNER, CERTIFY BELOW) I HEREBY CERTIFY THT I AM AN AUTHORIZED AGENT OF THE OWNER Title Vice President, Stuart Operations =- Signature ~- I --- Date 5-((,-(icJ Page 2 of 2 r UII Lu; ~ (1l ., tm 1 ST NE 1 ST .~C' It) " I I w ! 0 0 s: ~ ~) W OCEAN b rn~ ~ w ~ SIESTA ~ ~ SIN 1ST j t> r () REPOSO ~ r I- W t> < .., SW 2N~ cr ;:s r= ~ :::J E... r ~ m z SW 3R~ Lu r ..J SW 3RDWAY SW 4TH SW 4TH WAY 44 ~ EAN OCEAN PKWY E OCEAN SW 1ST SE 1ST Boynton Beach · SW 3RD SE 3RD ~ I- en SE4TH w IX: U SW 5TH ifi SE 5TH en en SW 6TH SW 7TH SE 7TH ~ ~ SW 6TH ~ i ~ ~ : s'>N 21$\ cf ('l~ I .1:- ~'t,. ~ ~~<l.~ 1')- I ~ <S''t,. ~ J 8'4- Og- ~ )'6'~ 4' J: ~ "It sW 12TH~ SW 13TH SIN 13THINAY S~ "A.'\Y' Callal L-26 SW15TH SW 16TH SWl7TH VpSllNE L Sl1t 191"1t ...... U} g SW 8TH SW 9TH SE 9TH SW 10TH SE 10TH 0 :z SW 11TH SE 11TH N LU cn SW 12TH ~ SW 13TH ~ SE 13TH 0 SW 14TH SE 14TH 43 SW 15TH SE 1 . ~ [fJ cr ] IVO'?1"1t (J W CI) (fl MAIN ~ w :;u SOUTH -:J 0 SE 1 ST N HIGH POINT BLVD N nC:A liON MAP ~~E~~ CREECH ENGINEERS INC 203 We "d Street Stuart Fiorida 34994 POBox 1488, Palm City Florida 34991 (561)283-143, Fax (61)220-7881 Mr Mike Rumpf Planning and Zoning Director City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach Florida 33425 L <==I........"IL.Z~TI<=>.......... E..........~............EE~El::=> March 30, 2000 99027 00(7) RE. Lowe's Commercial Site Development - City of Boynton Beach Dear Mr Rumpf' The following is in response to the comments received on the rectified plans. . Enclosed for your use is the recorded Plat for the Boynton Beach Commerce Center which depicts the ingress and egress easements. I have also enclosed the First Amendment to the Declaration of Restriction for the Boynton Beach Commerce Center Property Owner's Association, which, by the time of closing, Lowe s will be a member of the Association These two (2) documents demonstrate Lowe s right to use the adjacent industrial park. . I have enclosed for your use, four (4) sets of plans, which has all sheets signed and sealed by the appropriate parties . The plans show the tree bases are dimensioned and detailed . Sheet SG1 is included within the rectified plan set, and it shows that the sign calculations comply with City of Boynton Beach Code Should you require any additional information or have any question or comments at this time please do not hesitate to contact me in our Stuart office at (561) 283-1413. JAC/ks Enclosures CC Mike Reynolds - Lowe's Companies, Inc. 99027 .OO( 13)-LtrRumpf@CityBoytonBch-RectifiedPlans-03-30-2000.doc Tcl!ahassee 707 East Park Avenue Tallahcssee FlOrida 32301 (850) 841 1705, Fax (850) 841 1706 Melbour'1e . 4450 West Eau Gallie Boulevard Melbourne Florida 32934 (321) 255-7751 Fax (321) 255-7751 TOr /f;II/NA I!1ft ,iLAS ""1 FROM kG(\! I-/ALL. SUBJECT' LOLJ b S KE~TC~(EQ PLtf\.-0 DATE. 3/zQ /~ FOLD. I; r:l77JJ ,570? S/6fJl13Ae.,) 04\ TI--l-S E<oetiSS LArJE.5" AS SHCJW'tv ON T+-1e- f'\LTAC~~'9 5KB (Cf-/- C~l..$"0 ~1-6l) 75 _C:::.YvG>flJ~ex) C I ,.-. . :l;)JlLCl /, <::: "' 2, 'o~~d(..T ~G" Ii 5' Y- S . l'RGe p~J~8'iV( C:uT-CGT 'votV r~\? S\Tb- P,-A+J LD .f/x6' -k re0Vl'Q& RJR -rWG (f;i1"D"CvRBi ""'P~vL\)S AL:--9\Ct"4.-L Dc-~p.u_ O't- ~E R~ IN ~~LATlSvv ~ ~G ~\JJ""CT\~(: 5Trq.U..s.. '3 \!cS?-<~ LC'f'Tt\:)\~ 6S Ry~.JjvAl... G~ VAt<-\~lVt.E t<Gc;H~~ -rt{.(~9 1l'\~L4.V PLEASE REPLY TO . SIGNED U REPLY -+l~ leD,A9-" f (c -l6 ~ ~~ - '-~~ s-\..-s-\.;) ~ ~ ~\.r",", - DSrAI. i.. ()J.J r<{,\:> iJlh.~ :5 \...j"~F=-l~ f<.G". DATE, SIGNED Item " F269 Grayarc. PD. Box 2944. Hartford. CT 06104-2944 C' Wheeler Group. Inc. 1982 THIS COpy FOR PERSON ADDRESSED .10 t=\.LS \ \ \ \ \ \ \ \ \\ \ \ \ ~~ ,,/ ./ -;:. ~ ~-::; ~~ --- A · ..-/~ ,.-/ " "," oJ ,." ,." -:::: -.t'-.-... --.., -- .,..- - -:::: ~y~ off\:"~ ~, y~ Galav Lusia From Sent: To Cc. Subject: Mazzella, Pete Tuesday March 14,2000317 PM Galav Lusia, Rumpf Michael; Lewis, Nicole Guidry John Comments on 3 rectified plans Lusia I reviewed the following sets of plans today, and noted the deficiencies as shown below' . Majestic Greeting Cards - needs landscaping plan - not included in package . Foster Oil Co - has contradictory notes regarding irrigation source on sheet 4 The note suggesting use of City potable water should be deleted as requested . &.,owe's - Need P B County permit from Environmental Resources Mgmt. for work within a wellfield This permit will govern both building and drainage construction and was requested previously / pC' ;i _ ,( r ./ r I f ' Please advise me when a resubmittal is made Thank you. Peter Mazzella 1 oo~- f ~ !'l I ~ I.' J Iv:).;" LJ, I HI - L__ f L J ZONING DErf. Basehart Consulting, Inc Planners 333 Southern Boulevard, SUIte 200 West Palm Beach, Flonda 33405 Phone (561) 833-3114 Fax: (561) 833-3293 March 3, 2000 Mr Michael Rumpf, DIrector Planmng & ZonIng Department CIty of Boynton Beach 100 East Boynton Beach Boulevard POBox 310 Boynton Beach, Flonda 33425 SUBJECT LOWE'S HOME IMPROVEMENT CENTER- RECTIFIED PLANS. Dear Mr Rumpf Enclosed are four (4) COpies of our rectified plans for the Lowe's proJect on Woolbnght Road, for your reVIew We beheve that all of the condItiOns of approval contaIned In all of the vanous resolutIOns and ordinances adopted to accommodate thIs project that relate to site design have been appropnately mcluded. The only drawmg that IS not mcluded m thIS package IS the reVIsed Master Plan for the Boynton Park of Commerce. That reVIsed plan will be submitted WItlun the next few days. However, smce no portIon of the Lowe's SIte IS any longer a part of the Park of Commerce PID, the Lowe's plans can be revIewed mdependently We will be submIttIng a wntten summary of all of the changes to you early next week, also Please do not hesitate to contact me If you have any comments or questions. Thank you for your attentIOn to tlus matter Very truly yours, ~. Basehart, AICP President Wi D ~ ~ ~ ~ \.!:.' ~ G1~ 'i Ill'! - 1, ! \ I!l JL .. -,3 ?ono i~~ Basehart Consulting, Ip1c, I Planners I PLANNiNG p.ND I Leite r Of 333 Southern BouJC'\'ard, Suit ZONiNG DEPT. . West Palm Beach. FL 33405 Tra ns 111 ilia I Phone: (56) )833.3 ) ) 4 Fax: (56)) 833.3293 E-Mail.baseplan@ao1.com o MtQ!.A.:~ ~Qlv~~ D1= J:S)y~ llofESE In:MS ARE TRANSMrTn:D FROM F'OR /IlPPROIIAJ... F'OR SIGNATURE COMPANY AS REQUESTED F'OR YOUR USE DATE. "3 - ~-(:)O F'OR YOUR REVIEW & COMMENT ~. ~'5 SC~ S\<;-N REF"ERENCE #. REGARDING. WE ARE SENDING YOU THE FOLLOWING ITEMS VlA.~~b '-.~f.-<J ~ COPIES DESCRIPTlON: y \ ,C,'JWF 1 S '" 1 . ~<:- ; r- \ },../ ;fv1 A'5'1Z-L fL4/IJ .......\~ .... ,; COMMENTS COPY To' SIGNED' JAt~-10-2000 09 08 LEVY, <NEEt ,MAR A~I,et al 5614785811 P 01/03 L!:VY, !amEN, HNUAHI, CORTIN, KORNFELD & DEL R.USSO, P A P~ofe..ional ~soeiation 1400 Centrepark Boulevard Suite 1000 west Palm Beach, FL 33401 ~elephon. (561) 478-4700 F~~ No (561) 478-5811 Of Counael Eleanor B Halperin Dir.et No (561) 478-4722 TELECOPY COVER LETTER TO Michael Rumpf Fax. 742-6259 FROM Ellie Halperin DATE January 10, 2000 RE Lowe's Boynton Beach File No 5662 003 YOU SHOULD RECEIVE _ PAGE(S), INCLUDING THIS COVER SHEET IF YOU DO NOT RECENE ALL THE PAGES, PLEASE CALL (561) 478-4700. The or;ginal$ _will ~will not follow As per your request, a copy of my letter of December' 4 1999 ID)~~ I~ ~J. _103m L.-----.----.---...J i f~_, ;G AND .J ~ ..._.L':....." ' DEPT, _ The infotmition eonUir.ed in this fec;:simiJe me$$8{le is attorney ptivileged ind confiden,ial i~form8tlort Intended only for the ~~e ot the individual or entity "amed abovo- If the reeder of this message is not the intended rlll<;ipient. YOU are hereby notlfiad that 8ny di$scminatic:n, distribution or copy of thi. l;Omrr.uni<;ation illlltrictly prohibited. If you 'lave received this communication in error please immediately notify l;S l:ly telephone OInd return the original message to OJ$ at the OIbove address via the U S. POl>tal ServIce. Thank you. PLEASE HAND DELIVER TO AOORIiSSIiIi A.5.A.P PI F'\Ow\6.UE\l.OWES\aOYNTON',F.AXCOVER.Rumpf.doe JAN-10-2000 09 08 LEVY,LNEEN MARIANI,et aI 5614~858_1 P 02/03 -. !::LE~.NOR 8 ...A,"-PE:RIN 01' COUNSEL OQA",O CtRTI~IED IN REA~ E6,"',E L..... LEVY, KNEHN, MARIANI, CURrIN, KORNl"El.D & DEL Russo IOROFES$IQNAi. ....$$Oe'....I()N COUNS~'-ORS AT l.."W SUITE .000 '.00 c:ENT..~PA"'K 1II0V~..V.....c WEST PA=.K IlBACIl. 1"1.0B1;o4 ;)3401 TEJ"f;P>10NE: (545 I) .'8."'00 ,.....X NO 15(1)470.581, - .' ... IRWIN L~VY RE'-;REO 'N'lITL';,q'S O'REer DI"L NC (561).78..,.22 December 14 1 999 Michael Rumpf Director Planning & Zoning City of Boynton Beach 100 East Boynton Beach Blvd Post Office Box 31 0 Boynton Beach, Florida 33425 Re' Lowe's Home Centers Our File No 5662 003 Dear Mr Rumpf I This correspondence shall serve to follow up our conversation yesterday The Transportation Analysis prepared for the Lowe's initially shows that two improvements will be necessary First, an additIonal westbound turn lane and restriping of the southbound approach lanes at the intersection of Woolbright Road and Corporate Dnve/SW 8th Street and secondly, an additional northbound left turn lane at the intersection of Woolbright Road and Seacrest Boulevard It is the second improvement which prompted my call A visual inspection of the intersection clearly indicates that the most available right of way is in front of the City s Utility ?tan We anticipate that the County will need approximately 5 to 10 additional feel of right of way for a length of 600 to 700 feet. This right of way is needed on the east side of Seacrest south of Woolbright Road, I anticipate that the County will accept the additional right of way, either in the form of a deed or an easement, as it will be utilized primarily for a sidewalk and grass You explained to me that once you receive this request in writing, you would circulate it to the appropriate individuals within the City and get back to me as to the probabilitY and mechanics of getting the necessary fight of way to the County JRN-10-2000 09 09 LEVY,KNEEN,MARIANI,et al 561~7858_1 ~ 03/03 Michael Rumpf December 14, 1999 Page Two ..." ... If you have any questions, or need any additional information, please feel free to contact me I look forward to hearing from you shortly c;~ Eleanor B. Halperin ----.-.'.. E BH 'trc cc Steve Henry Mike Reynolds Rick Creech ,. \Daea \AU.l.~\.omT(lfl\lt...,.. UH,,'J t.CIIX' TOTAL P 03 ~,Ol)-l '=1-1999 14."'; PBC TRAFFIC ENG 551 478 57~0 p 01/01 ~ALM BBACH COUNTY DEPARTMENT OF ENGINEERING AND PUBLIC WORKS TRAFFIC ENGINBERING DIVISION FACSIMILE TRANSMITTAL Date: November 19 1999 Phone: Fax: Phone: Fax: AI Federico, P E. A Sernar Traffic Engmeer 561.684 4030 561 478.5770 Name: Steve Henry, P E. Lincks & Associates, Inc. 813.289 0039 813.2870674 From: Subject: Lowes TPS Review Pages: .l.., mcludmg thIS cover page As we discussed, Palm Beach County concurrency approval for this project is pending the !;ubmission of a Public FacllIties Agreement for the improvements noted 10 the traffic impact study dated September 1999 Specifically, tbese improvements are. the addltlOn of a northbound left turn lane at the mtersection of Woolbright Road and Seacrest Boulevard, and the addltlOn of a westbound nght turn lane and thtl reconfiguration of the southbound approach lanes at the intersectlOn of Woolbright Road aT'ld Corporate Drlve/SW 8th Street. AddItIonally, Palm Beach County IS requeshng that a thud lane be added to the northbound approach of the Woolbright Road/Corporate Dnve mtersechon. Please cOlltact me if you have any questions. CC' HU.UDU Mtltra,; City uf Boyntun Beuch :fOA 561 375.6259) G \ l'M.rl.'lC\npf\tpl'\99092c3.wpd Please call 561.684.4030 if this information was not transmitted clearly. TOTAL F 01 .M PROPERTIES OF FLORIDA Commercial Real Estate & Development November 17, 1999 -~._,___ I .1,1.: ']_ --- ~---. Planmng & Zonmg DIVISIon CIty of Boynton Beach CIty Hall 100 East Boynton Beach Boulevard Boynton Beach, Flonda 33425 RE NotIce of PublIc Hearing dated November 12, 1999 Southeast Corner ofWoolbnght Road and Corporate Dnve Gentlemen: We receIved the attached NotIce of Public Hearmg regardmg a request for condItIonal use approval from Woolbnght Partners, Inc. For your mformatIon, I am enclosmg a copy of the Flonda DiVIsIon of CorporatIons PublIc Access document willch shows that I am PresIdent ofWoolbnght Partners, Inc., and I have not requested such use from the CIty Woolbnght Partners, Inc. was formed to redevelop property that I currently have under contract at the southwest corner ofWoolbnght Road and Congress Avenue. I would apprecIate It IT you would contact me concerning tills apparent ITI1Stake of ownership Very truly yours, 1M PROPERTIES OF SOUTH FLORIDA, INC. As Agent for Woolbnght Partners, Inc. MLS:jb Enclosures 3201 North Federal Hwy Suite 300 · Fort Lauderdale, Florida 33306 · Phone (954) 565-5999 · Fax (954) 565-8844 NOTICE OF PUBLIC HEARItJ'" Richard Basehart of Basehart Consulting, Inc" agent for Woolbright Partners, Inc. has requested conditional use approval to construct a building materials store at the southwest corner of 1-95 and Woolbright Road (southeast corner of Woolbright Road and Corporate Drive) Legal Description. All of Parcel 1 and Parcel 3A, of the plat of Boynton Commerce Center, according to the plat thereof, as recorded in plat book 46, pages 126 and 127 _. of the Public Records of Palm Beach County, Florida Proposed Use. Building materials store PUBLIC HEARINGS TO CONSIDER THIS REQUEST ARE SCHEDULED BEFORE THE PLANNING AND DEVELOPMENT BOARD AND THE CITY COMMISSION AT THE CITY HALL COMMISSION CHAMBERS, 100 E, BOYNTON BEACH BOULEVARD, BOYNTON BEACH ON NOVEMBER 23, 1999 AND DECEMBER 7,1999, RESPECTIVELY, AT 700 P M A!! ;"'1tc;-o~ted parties ara iiotifled to cipfJear at said hearings in person or by attorney and be heard or file any written comments prior to the hearing dates Any person who decides to appeal any decision of the Planning and Development Board and City Commission with respect to any matter considered at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561 742-6260) PUBLISH, November 12, 1999 The Post ~OTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the following applications have been made to the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, for a hearing as indicated under and pursuant to the provisions of the sign code of said City' Applicant: Agent: Owner' Request: to one Request: LC'r:atirm Legal. Description. Woolbright Partners, Inc. Robert E. Basehart, AICP Woolbright Partners, Inc. Relief from Chapter 21 Signs, Article IV, Section 2(B) which limits a single use (1) site sign to allow the erection of two (2) site signs. Relief from Chapter 21 Signs, Article IV, Section 2(B) which limits maximum sign height to 20 feet to allow for the erection of a 49 foot high pole sign. SOL!thea!:t comer of \^!oo!bright R.oad and Ccrpcr2~c Drive All of Parcel 1 and Parcel 3A, of the Plat of Boynton Commerce Center, according to the Plat thereof, as recorded in Plat Book 46, Pages 126 of Palm Beach County, Florida A PUBLIC HEARING before the Planning and Development Board will be held relative to the above applications at City Hall, Commission Chambers, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida, on Tuesday, November 23, 1999, at 700 P M All interested parties are notified to appear at said hearing in person or by attorney and be heard or file any written comments prior to the hearing date Any person who decides to appeal any decision of the Planning and Development Board with respect to any matter considered at this meeting will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION (561) 742-6260 PUBLISH THE POST November 12, 1999 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the PLANNING AND DEVELOPMENT BOARD of the CITY OF BOYNTON BEACH, FLORIDA, shall meet at 7'00 P.M on Tuesday, November 23, 1999, at City Hall Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach, to consider the application for a PARKING LOT VARIANCE on the following described property. Applicant: ..- Woolbright Partners, Inc. Agent: Robert E. Basehart, AICP Owner' Woolbright Partners, Inc. Location. Southeast corner of Woolbright Road and Corporate Drive Variances Requested: Request for relief from the City of Boynton Beach Land Development Regulations, Chapter 23, Article II (A)(7) which limits the maximum number of driveways along a single street to two (2), to allow a total of three (3) driveways along a single street. Legal Des~ption. All of Parcel 1 and Parcel 3A, of the Plat of Boynton Commerce Center, according to the Plat thereof, as recorded in Plat Book 46, Pages 126 of Palm Beach County, Florida All interested parties are notified to appear at said hearings in person or by attorney and be heard. Any person who decides to appeal any decision of the Planning and Development Board or City Commission with respect to any matter considered at these meetings will need a record of proceedings, and for such purpose, may need to ensure that a verbatim record of the proceeding is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF BOYNTON BEACH PLANNING AND ZONING DIVISION PUBLISH The Post - November 12, 1999 <';orporate InqUIry Menu Florida Division of Corporations Public Access Inquiry by" r Corporation I Trademar1< Name r OlIicer I Registered Agent Name r Registered Agent Name r Trademar1< Owner Name r FEI Number r Document Number r Trademark Name Search String. I Sear~h I Homepage Page I ot I Corporate Inquiry Menu - Please select an inquiry type from the list below then enter a search key in the search field. Press SEARCH to begin the search. 11/12/99 CORPORATE DETAIL RECORD SCREEN NUM P98000081385 ST FL ACTIVE/FL PROFIT FLD 09/17/1998 FEI# 65-0864845 NAME WOOLBRIGHT PARTNERS, INC PRINCIPAL 3201 NORTH FEDERAL HIGHWAY SUITE 300 ADDRESS FORT LAUDERDALE, FL 33306 RA NAME SAGER, MARK L RA ADDR 3201 NORTH FEDERAL HIGHWAY SUITE 300 FORT LAUDERDALE, FL 33306 US ANN REP (1999) l' Officers ----- THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION C Document Imaqe http '/corpweb.exe?radCorSearch=CORICHR&Menu=COR&txtSearchStrmg=P9800008138 11/12/99 ~orporate InquIry Menu Page 1 ot 1 Florida Division of Corporate Inquiry Menu - Corporations Please select an inquiry type from the list below. then enter a Public Access search key in the search field. Press SEARCH to begin the search. Inquiry by r Corporation I TrademarK Name r Officer I Registered Agent Name r Registered Agent Name r Trademark Owner Name r FEI Number r Document Number r Trademark Name Search String. I Search I Hom~Page 11/12/99 CORP NUMBER TITLE P TITLE VS OFFICER/DIRECTOR DETAIL SCREEN P98000081385 CORP NAME WOOLBRIGHT PARTNERS, INC NAME SAGER, MARK L 3201 NORTH FEDERAL HIGHWAY SUITE 300 FORT LAUDERDALE, FL 33306 NAME NORDAL, JONAS S 3201 NORTH FEDERAL HIGHWAY SUITE 300 FORT LAUDERDALE, FL 33306 ----- THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION C Document Imaqe .Icorpweb.exe?radCorSearch=CORICHR3&Menu=COR&txtSearchStrmg=3&ConchrData=P911 /12/99 LaWE.S SITE DEVELOPMENT Hwy 268 East - East Dock North Wilkesboro, N.C 28659 336-658-4000 OCT 2 2 1q0C, LETTER OF TRANSMITTAL TO C/lY c:::>r 6o,/u;T:>J.J t3€A-Cr( PLAJJJJIJ.J C, (.. "Z b)JJu c., perro /00 E.A-.s.,- 60yv IOu 6UC.H 6t...vJt:? l6or~"JC;;.~ J$~A(;fI FL. I 3-:;'7'"2.i? Date }o -'20-"')' Anention 12 J Ai, M . ./IM Re: l. 0f.J f.. ';. ~ Job No. - 1"#'- GENTLEMEN: ~ WE ARE SENDING YOU (...) Attached ( -ilinder separate cover via OIJc:{2p I t:,H r f!.2f:F{1( the following items: ) Shop drawings ) Prints ( ) Plans ( ) Samples ) Change order (~ P/CTvt'2e. S , ( ) Specifications ) Copy of letter COPIES DATE NO. DESCRIPTION t, 17/4 J 74 L t:b Lor2 flZJlJ I> I ~ ~/C I;: - Lout! S THESE ARE TRANSMITTED as checked below' ( ) For approval ( ) For your use DO As requested ( ) For review and comment ( ) FOR BIDS DUE REMARKS m(Z IJ ~ u ye..0 I !3PC/..,o5c.":7 ArE 7JliE:. ,f'lC1c./IIGS '{O./ ~pve)re.r2 HtfE THIS l.Ilt.-L..- kS,SI>f /rov 'I~ j3eVIrz:t..J pLe-1f5e ~/\l~ ,"IE:. k C~(...L II' .:c C4LJ I,!,E O:;P fU.RJJlt:rZ- , AbS/~1/f-.J...'C.~. ' ) Approved as submitted ) Approved as noted ) Returned for corrections ) Resubmit ) Submit ) Return copies for approval copies for distribution corrected prints 19_ ( ) PRINTS RETURNED AFTER LOAN TO US /u ~ I J.J cepc.E L" "- , >>1 / K..t.. /ZEjv 0 Lit:? ~ COPY TO .-fILG SIGNED"~' ~ If enclosures are not as noted, kindly notify us at once. 98-1 (Rev 9/99) A Engineers Planners LINCKS & ASSOCIATES, INC. October 1, 1999 Mr AI Federico Palm Beach County Engineering & Public Works 160 Australian Avenue, Room 303 West Palm Beach, FL 33406 UCT - 8 :(1'..; f ..--~~...._..__~~ a-;""-=- I .... Re Lowe's - Boynton Beach Lincks Project No 99072-F Dear Mr Federico Please find enclosed four (4) copies of the revised Transportation Analysis for the above referenced project. The Transportation Analysis was revised based on the comments contained in your letter to Hanna Matras dated September 2, 1999 for the above referenced project. Below is our response to each of your comments 1 COMMENT Based on the latest available traffic counts, the intersection of Corporate Way and Woolbright Road experiences a higher peak during the mid-day than the AM Therefore, the intersection analysis should be revised to include the mid-day peak period, RESPONSE The analysis was revised to include the mid-day volumes and the PM peak hour project traffic 2, COMMENT The intersection of Corporate Way and Woolbright Road currently operates with split phases for the north and south approaches. The intersection analysis should be revised to reflect this. Additionally, all future analysis for alternatives that include shared through/left turn lanes should be assumed to be split phased. RESPONSE The analysis was revised to reflect the split phase signal timings 5023 West Laurel Street Tampa, Florida 33607 813 289 0039 Telephone 813 287 0674 Telefax Mr AI Federico October 1, 1999 Page 2 3 COMMENT With the exception of this project, there does not appear to be any additional development planned for Corporate Way, south of Woolbright Road. Therefore, the analysis of the Corporate WaylWoolbright Road intersection should be revised to remove the assumed background growth from all movements entering and exiting the south approach RESPONSE The analysis was revised as requested 4 COMMENT The analysis of all intersections should be revised based on the 1998 FOOT Peak Season Correction Factors RESPONSE The analysis was revised to reflect the new 1998 FDOT Peak Season Correction Factors and the latest Palm Beach County count data If you have any questions or need additional information, please do not hesitate to call Sincerely, nry, P E Vice President SJH/alw Enclosures cc' Mike Reynolds Rick Creech Mike Rumpf Ellie Halperin Facsimile TRANSMITTAL CITY OF BOYNTON BEACH 100 E, BOYNTON BEACH BOULEVARD PO BOX 310 BOYNTON BEACH. FLORIDA 33425-0310 FAX, (561) 742-6259 PLANNING AND ZONING DIVISION TO' Robert E Basehart FAX #. 561-833-3293 DATE. 9/21/99 RE. LOWE'S HOME CENTER As discussed, please find description of variance process, justification and code sections to be referenced in variance applications I am still researching the Home Depot cases Mike Rumpf Pages 5 (including cover sheet) Planning and Zoning DIvIsion City of Boynton Beach Boynton Beach Florida 33425 742-6260 Fax: 742-6259 - r ., , - Chapter 21 Art I Art. II. In General Variances/Exemptions and Prohibitions Special Conditions Signs Allowed An ill Art IV ARTICLE I. IN GENERAL See. 1 Short title, This chapter shall hereafter be known and cited as "The Boynton Beach Sign Ordinance. .. See, 2. Purpose, The purpose of this article is to create the framework for a comprehensive and balanced system of sign control It recognizes the need for a well maintained and attractive appearance in a community and the need for adequate business identification, advemsing and communication. It is the intent of this chapter to promote the health, safety , convenience, aesthetics and general welfare by controlling signs which are intended to communicate to the public and to authorize the use of signs which are. A. Compatible with their surroundings B Designed, constructed, installed and maintained m such a manner that they do not endanger public safety nor contribute to vehicular visual distraction. C Efficient in transfer of information. See. 3 Penalties, enforcement, Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine not exceeding five hundred ($500) dollars Each dav ~ . such violation is committed or permitted to continue SIGNS shall constitute a separate offense and shall be punishable as such hereunder Enforcement of this chapter may also be secured through the Code Enforcement hearing process under Chapter 2, Article V of the Boynton Beach Code of Ordinances. Sec. 4. Permitting, Except as provided in Anicle II, Section 2 it shall be unlawful for any person to erect, repair, alter, or relocate within the city any sign or other advertising structure as defmed in this chapter, without first obtaining a permit from the Boynton Beach Development Department and making payment of the fee required. All illuminated signs shall, in addition, be subject to the provisions of the National Electrical Code. Signs or sign structures previously erected without a valid permit shall be in violation of this chapter and shall be deemed illegal signs It shall be mandatory to obtain a permit for an illegal sign, or to immediately remove such sign or sign structure upon notice that the sign or sign structure is illegal. The notice shall contain a time period for removal See,S. Application. Application for permits shall be made upon blanks provided by the development department and shall contain or have attached thereto the following information. A. Name, address and telephone number of the applicant; B Location of building, structure or lot to which, or upon which, the sign or other advenising structure is to be attached or erected, C Position of the sign or other advenising 2 Boynton Beach Code structure in relation to nearby building, structures and propeny lines, D Two (2) copies of the plans and specifications and method of construction and attachment to the building or in the ground. Plans must include all proposed sign colors. E. Documents showing that the structure is designed for dead load and wind load in any direction in an amount consistent with the requirements contained in the Standard Building Code and as required by this and all other laws and ordinances of the city The seal of a Florida registered engineer or architect shall be affixed to drawings of signs or sign structures which have an area exceeding thiny-two (32) square feet andlor exceeding ten (10) feet in height, certifying that such signs are designed to meet the required loading In cases when required by the director of development, signs shall show calculations for wind loading F Name of person, firm, corporation or association erecting the sign structure; G Written consent of the owner of the building, structure or land to which or on which the structure is to be erected, H The type of sign or sign structure as defined by this chapter; 1. The estimated value of the sign and/or sign structure; J All electrical details required to determine code compliance for the sign, and K. All such other information as the development depamnent shall require to demonstrate compliance with this and all other laws and ordinances of the city Sec. 6. Permit issuance. The development depamnent shall examine plans and specifications and other data and the premises upon which it is proposed to erect the sign or other advertising structure, and if it appears that the structure is in compliance with all the requirements of this chapter and all other laws and ordinances of the city, the department shall issue a sign permit. All permits are subject to the requirements contained in the latest adopted Countywide Administrative section of the Standard Building Code, See. 7. Permit fee. Every applicant, before being granted a permit hereunder, shall pay a fee to the development department prior to permit review or issuance. Any sign erected or in the process of being erected without a permit is subject to a total permit fee of four (4) times the normal permit fee. See. 8. Annual iDspection. The city may inspect at any time each sign or other advertising structure regulated by this chapter for the purpose of ascertaining whether the same is unsafe, in need of repair or maintenance, not in conformance with the permit application or otherwise in violation of the provisions of this chapter Sec. 9 Revocation of permit. The development department is authorized and empowered to revoke any permit issued if there has been a violation of the provisions of this chapter or a misrepresentation of fact on the permit application and specified in the latest adopted Countywide Administrative Section of the Standard Building Code. Sec. 10. UDSafe and uolawful signs. If it is determined that any sign or other advertising stnlcture regulated herein is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this ordinance, he shall give written notice to the owner thereof. If the owner fails to remove or alter the structure so as to comply with the standards herein set forth within the time prescribed in the notice, such sign or other ~-- :ldvenising structure may be removed or altered to comply by the city at the expense of the permittee or owner of the propeny upon which it is located. The development department shall not issue a permit to any permittee or owner who refuses to pay costs so assessed. The director of development may cause any sign or other advertising structure which presents an immediate peril to persons or property to be removed without notice. See, 11 Permit number posting. Every sign or other advertising structure hereafter erected shall have placed in a conspicuous place thereon, the permit number of the sign. See, 12, Maintenance, The owner of any sign as defined and regulated by this chapter shall be required to properly maintain said sign. For a sign to be properly maintained, the sign, together with its framework, braces, angles or other supports shall be in a safe condition, properly secured, supponed and braced and shall be able to withstand weather conditions and loads as required by the regulatory codes in effect within the municIpal limits Maintenance shall include painting and pans replacement. See, 13 Licensing, competency of contractors, A person shall not engage in the business of erecting, painting, wiring or maintaining signs within the city without first having procured an occupational license for such business from both the city and the county The following qualifications shall govern the categories of sign work: A. Sign contractor, electrical Those who are qualified and licensed to install, repair, alter, add to or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs and who are also qualified to erect signs Such contractor may connect to any existing sign circuit and may contract and secure permits for the erection of electrical signs or sign structures 19q7 S-5 Signs 3 B Sign contractor, non-electrical Those who are qualified and licensed to install, repair, add to, paint or change non-electrical signs, according to the Standard Building Code and who may secure permits for the erection of electrical signs or sign structures (but must sublet the electrical work unless an electrical contractor is associated with the firm) C. Owners, lessees. Notwithstanding either of the above classifications, nothing herein contained in this section shall be construed to prevent an owner or lessee of propeny from constructing and erecting a non-illuminating sign or sign structure, not exceeding thiny-two (32) square feet in area andlor six (6) feet in height, on said property Such work shall be erected in a professional manner and shall comply with all other sections of this chapter See. 14. Wind pressure and dead load requirements. All signs and other advertising structures shall be designed and constructed to withstand wind and dead loads as required by the Standard Building Code or other ordinances of the city Sec. 15 Removal of abandoned signs. Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold shall be taken down and removed by the owner, agent or person having the beneficial use of the building or structure upon which such sign may be found, within ten (10) days after the business use ceases ARTICLE II, V~CESffiXE~ONS Al\1> PROIDBITIONS ~ See. 1. Variances. After denial of a sign permit by the development department, a request for variance may be filed with the board of zomng appeals The board of zomng appeals may grant a variance if it finds that the unusual shape or topography of the property in 4 Boynton Beach Code question prevents signage allowable under the Erovisil)~ _~f__~h!L_ ordi~ce from a4equately iden~!f)r!!!g tl~~_business or other activity located on siic~_R~g'perty The board of zoning appeals may only grant a variance to A Allow a setback less than that required under the chapter; B Allow the area and/or height of a sign to be increased by up to twenty-fi~ (25) percent of the maximum allowable height or area, or ---- C Allow the number of signs to be increased over the maximum allowed by this code. No variances may be granted to signs expressly prohibited by this chapter (Ord. No 96-61, ~ I, 1-21-97) See, 2. Exemptions. The pennit reqUIrements of this chapter shall not apply to the following signs, provided however, that said signs shall be subject to other provisions of this code A. Real estate signs not exceeding five (5) square feet in area which advertise the sale, rental or lease of the premises upon which such signs are located. These signs must be set back ten (10) feet from the propeny line, meet the structural requirements and must not exceed four (4) feet in height. Only one (1) such sign is allowed per street frontage. B A single residential yard sign, not exceeding three (3) square feet in area (Beware of Dog, Watch your Step, Name and Address etc.) C Window/door signs using less than twenty (20) percent of the total glass area facing in anyone direction. This area is not included in the total sign area allowed under this chapter These signs are not permitted in residential zoning districts D Political signs These signs must comply with Article III Section 6 D of this Chapter 1997 S-5 E. Flags F Bulletin boards not over eight (8) square feet in area for public, charitable or religious institutions when the same are located on the premises of such institutions , G Occupational signs denoting only the name and profession of an occupant in a commercial building, public institutional building or dwelling house and not exceeding two (2) square feet in area. H. Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constrUcted of bronze or other incombustible materials, I. Traffic or other governmental signs, legal notices, railroad crossing signs, danger signs and such temporary, emergency or non-advertising signs as may be approved by the city J Signs indicating the address and/or name of the residential occupants of the premises, not exceeding two (2) square feet in area. K. Vehicular signs. L. Bus shelter signs. See, 3. ProhibitioDS. The following signs and related equipment are prohibited in all districts. A. Any sign and/or sign structure which does not meet all the criteria set forth in this chapter B Animated/fluttering signs C Balloons D Banners (not including special civic event, recreational. expositional or temporary business identification signs) E. Bus bench signs F Festoons SEP-02-1Q99 08 48 PBC TRAFFIC ENG 551 478 57~0 ? 01/01 PALN BEACH COUNTY DBPAR7."MBN'l' OF ENGINEERING AND PUBLIC WORKS TRAFFIC BNGINEBRING DIVISION FACSIMILE TRANSMITTAL Date September 2, 1999 Name: Hanna Matras City of Boynton Beach 561.375.6260 561.3756259 From: Al Federico, P E. ~ Senior Traffic Engineer 561684.4030 561.478.5770 Phone: Fax: Phone: Fax: Subject: Lowe's. TPS Review Pages: ...l... including this cover page The Palm Beach County Traffic Divrslon has reVlewed the revised traffic study (dated August 1999) submitted for the Lowe's project. At thIS time we have the following comment:i. 1 Based on the latest available traffic counts, the intersection of Corporate Way and Woolbnght Road experiences a higher peak during the mId-day than the AM. Therefore, the intersection analysis should be revised to include the mid-day peak period. 2 The mtersectIon of Corporate Way and WoolbrIght Road currently operates with split phases for the north and south approaches. The mt.ersection analysis should be revIsed to reflect thIS. AddItIOnally, all future analysIs for alternatlves that mclude shared through/lcft turn lanes should be assumed to be split phased. 3. With the exceptIon ofthllS proJect, there does not appear to be any addlt)onal development planned for Corporate Way, south of Woolbnght Road. Therefore, the analysu; of the Corporate WaylW oolh., ght Road mtersection should be reVlsed to remove the assumed background growth from all movements entering or exiting the south approach. 4. The analysis of all mtersectlons should he revised based on the 1998 FDOT Peak Season CorrectIOn Factors. BQ$ed on. this review the Traffic Division has determined that this project does not meet the Traffic Performance Standards of Palm Beach County and should not be approved un.hl these issues have been addressed. Please contact me if you have any questions regard~llg these comments. cc: StHven Hell1'Y P.E. L~AS & Asbociates, Inc, (tax 813.287.0674) G:\ TRAFFI C\apt'\tps '\99092c2. wpd Please call 561.684.4030 if this infor11l:ation was not transmitted clearly. TOTAL P 01 DEPARTMENT OF DEVELOPMENT DIvision of Planning and Zoning Building Planning & Zoning Engineering OccupatiolUJ/ license Community Redevelopment July 14, 1999 Steven J Henry, P.E. Lincks & Associates, Inc. 5023 West Laurel Street Tampa, Florida 33607 Re: Proposed Lowe's at Woolbright Road and 1-95 Project No. 99072-F Dear Mr Henry' This office recently received the traffic study for the above referenced project, and forwarded it to Palm Beach County for concurrency review and determination. Having not previously discussed this project with you or any other representative of Lowes, I want to explain the fIrst step in our site plan review process to ensure that your preparation of plans and or processing of your anticipated request are done efficiently and without any uncertainties. This efficiency is accomplished by a preliminary ( pre-application) meeting with staff. The pre-application meeting ensures that a potential applicant thoroughly understands our submittal requirements and review process; completes all necessary applications; and is provided the opportunity to have all related questions answered. The pre- application meeting represents our commitment to provide you with all assistance necessary to make your experience with the City of Boynton Beach an efficient and exceptional experience. Once plans have been drafted for this project, please contact this office to set up a pre-application meeting. Please contact our staff when you need further assistance. Sincerely, -/Jc--~ Michael W Rumpf Director of Planning and Zoning -- MWR/nl J:ISHRDATAIPlanningISHAREDlWPlFORMSlLowe'. at Woolbright and 1-9S.dnc 100 East Boynton Beach Blvd.. P.O. Box 310 Boynton Beach, Florida 33425-0310 Phone: (561) 375-6260 FAX: (561) 375-6259 A Engmeers Planners LINCKS & ASSOCIATES, INC. June 24, 1999 w ~ow~~ JM 25. 01 Mr Mike Rumps City of Boynton Beach Planning & Zoning Department 100 E. Boynton Beach Boulevard Boynton Beach, FL 33425 ~zLAo NNING AND N/NG DfPT Re Proposed Lowe's at Woolbright Road and 1-95 Boynton Beach, Palm Beach County, Florida Lincks Project No 99072-F Dear Mr Rumps. Transmitted herewith are two (2) copies of the Transportation Analysis prepared for the above referenced project. Please do not hesitate to call if you have any questions or comments regarding this document. Sincerely, LINCKS & ASSOCIATES, INC ) ~v\. '- "l, t+t'f-rj l CctC" Steven J Henry, P E. Vice President SJH/cac Enclosures 5023 West Laurel Street Tampa, Florida 33607 813 289 0039 Telephone 813 287 0674 Telefax